El uso excesivo de la prisión preventiva en el Ecuador como mecanismo de control político y judicial, periodo 2018-2026

Abstract

Abstract: This research analyzes the excessive use of pretrial detention in Ecuador during the 2018 2026 period, aiming to determine whether its application has aligned with the constitutional and procedural purposes for which it was conceived or if, conversely, it has been used disproportionately as a mechanism of political and judicial control. Such use violates the principles of exceptionality, proportionality, necessity, and the presumption of innocence principles enshrined in the Constitution of the Republic, the Comprehensive Organic Penal Code, and international human rights instruments. To this end, the study employs doctrinal, normative, jurisprudential, and comparative analyses to identify the primary causes and consequences of the abuse of this precautionary measure. It highlights the impact on due process, personal liberty, prison overcrowding, legal certainty, and public trust in the justice system, seeking to provide legal criteria that promote an application that is truly exceptional, duly reasoned, and respectful of constitutional guarantees and international human rights protection standards.