El Abuso Procesal en la Aplicación de la Prisión Preventiva durante la Etapa Investigativa en el Ecuador y su Incidencia en la Vulneración de Derechos Constitucionales

Abstract

Abstract: This research analyzes procedural abuse in the application of pretrial detention during the investigative stage in Ecuador and its impact on the violation of constitutional rights. It draws upon legal doctrine, national regulations, and standards established by the Constitutional Court of Ecuador and the Inter-American Court of Human Rights to determine whether the application of this precautionary measure respects its exceptional nature. The study employed a qualitative approach, utilizing legal-dogmatic, analytical-synthetic, and documentary methods. It was determined that while the Ecuadorian legal framework adequately regulates pretrial detention, certain judicial practices deviate from the principles of necessity, proportionality, and sufficient reasoning, thereby risking infringement upon personal liberty, the presumption of innocence, and due process. As a contribution, the research proposes guidelines aimed at strengthening judicial reasoning, the use of alternative precautionary measures, and adherence to constitutional and conventional standards, with the goal of ensuring that pretrial detention is applied in a truly exceptional manner.