Aplicación del principio de proporcionalidad en la medida cautelar de prisión preventiva: análisis de las sentencias 8-20-CN21, 22-20-CN24 y 49-21-CN25 de la Corte Constitucional del Ecuador, periodo 2021 2025

Abstract

Abstract: This study analyzes the application of the proportionality principle regarding the precautionary measure of pretrial detention, based on an examination of Constitutional Court of Ecuador rulings 8-20-CN/21, 22-20-CN/24, and 49-21-CN/25 issued between 2021 and 2025. Legal doctrine has increasingly come to view pretrial detention as a measure of last resort. The rationale for this approach is that pretrial detention directly impacts personal liberty and the presumption of innocence. Such detention is legitimate only when it serves lawful procedural purposes, is duly reasoned, and passes a rigorous test regarding suitability, necessity, and proportionality in the strict sense. Furthermore, the study emphasizes the need for judicial decisions that consider less intrusive measures, avoid automatic application of rules, and continuously monitor the duration of detention to ensure it does not function as a premature penalty. In this regard, the study s primary contribution lies in systematizing jurisprudential standards useful for judges, prosecutors, defense counsel, and litigators, thereby fostering a criminal justice system that better upholds fundamental rights, relies on reasoned decision-making, and aligns with the constitutional rule of law.