Abuso en la aplicación de la prisión preventiva en el cantón Loja, a partir de la vigencia del Código Orgánico Integral Penal

Abstract

Abstract: The research work called Abuso en la aplicación de la Prisión Preventiva en el Cantón Loja, a partir de la vigencia del Código Orgánico Integral Penal", has the general objective to establish whether exists abuse in the application of the pretrial detention in Loja since the law entered into force. The analytical, deductive, inductive, quantitative, descriptive methods and everything that refers to work field were applied in this research by using a survey conducted among 99 Law professionals of Loja. The main results involve the excessive abuse of Pretrial Detention as an interim and personal measure, reflecting the injustice handle by judges when they called this measure, even though there's no enough reasons to use it. In that way, the main Constitutional Rights and Principles such as the freedom, the minimal intervention, proportionality, suitability, necessity principle as well as the Innocence presumption are being infringed and not just that but giving a person a prejudgement.