La prisión preventiva y las medidas cautelares en el proceso penal en ecuador

Abstract

Abstract: This research addresses the issue of the excessive use of pretrial detention in the Ecuadorian criminal justice system and its consequent impact on the prin of the presumption of innocence. and due process. Given this problem Based on this problem, the objective was to analyze the application of pretrial detention and precautionary measures in the Ecuadorian criminal system to determine their effects on the presumption of innocence and due process, considering their impact on justice and fundamental rights. Using a qualitative methodology with a descriptive and analytical approach, a bibliographic and documentary review was conducted of 15 articles, research studies, and rulings of the Constitutional Court of Ecuador that met the inclusion and exclusion criteria. The main finding reveals that although pretrial detention is legally regulated as an exceptional measure, in practice it has been applied disproportionately. This directly undermines the principle of presumption of innocence and due process, affecting the legitimacy of the judicial system. Therefore, it is recommended, among other things, to promote legal reforms that require judges to provide detailed justification when imposing pretrial detention, including the reasons for rejecting alternative measures.