La prisión preventiva como causal de destitución policial: un conflicto con la presunción de inocencia

Abstract

Abstract: This research paper analyzes the violation of the constitutional guarantee of the presumption of innocence in disciplinary administrative proceedings applied to police officers, specifically when pretrial detention is classified as an unjustified absence exceeding three days. The investigation originates from a real case in which a Second Sergeant was dismissed after being placed in pretrial detention, despite later being exonerated through a dismissal ruling. The study begins with the development of a conceptual framework that addresses topics such as the presumption of innocence, assumption of guilt, constitutional supremacy, and, most notably, the jurisprudence of the Constitutional Court. The methodology employed is based on jurisprudential analysis of rulings issued by the Constitutional Court of Ecuador and the Inter-American Court of Human Rights, which have established clear standards on the issues addressed. As part of the conclusions, the qualification of pretrial detention as unjustified absence is shown to violate fundamental rights and guarantees, contradicting the principle of constitutional supremacy and constituting an assumption of guilt. The research seeks to ensure respect for constitutional rights and guarantees within disciplinary proceedings of the National Police.