La prisión preventiva como medida desproporcionada frente a investigaciones incompletas en el sistema penal ecuatoriano, periodo 2023-2024

Abstract

Abstract:This research examines pretrial detention as a disproportionate precautionary measure in the context of incomplete criminal investigations within the Ecuadorian procedural system during 2023 2024. It notes a recurring tendency to order such detention without sufficient evidentiary grounds to justify the restriction of personal liberty. The study employs a qualitative and descriptive approach, integrating doctrinal, legal, and jurisprudential analysis while considering constitutional principles, the Constitution of the Republic, the Comprehensive Organic Penal Code, and the criteria established by the Constitutional Court of Ecuador and the Inter-American Court of Human Rights. The analysis concludes that imposing pretrial detention amidst investigative deficiencies subverts the measure's precautionary purpose, transforming it into a form of anticipatory punishment that violates personal liberty, the presumption of innocence, and due process a situation exacerbated by a lack of heightened reasoning and the limited effectiveness of periodic reviews. Consequently, the study asserts that the application of pretrial detention must be grounded in sufficient evidence, robust legal reasoning, and continuous oversight, and it proposes guidelines aimed at fostering a judicial practice that better upholds rights and proportionality.