Legal effects of the excessive use of pretrial detention in the Ecuadorian criminal justice system: efeitos jurídicos do uso Legal effects of the excessive use of pretrial detention in the Ecuadorian criminal justice system: efeitos jurídicos do uso

Abstract

The legal effects of preventive imprisonment in the Ecuadorian penal system were analyzed. The legal problem of the investigation is based on the fact that in Ecuador there has been evidence of an increase in the prison population of people deprived of their freedom without a sentence of conviction being executed, which is why they have to question whether the measure is being applied in accordance with the legal and international standards that lead to preventive prison, which is the most serious measure of the criminal procedural system, due to which it attacks personal freedom de las personas procesas, para lo cual, para ser dictada dicha medicamente se deben observar principios que la rigen, de lo contrario, se denaturaliza. The type of investigation is a juridical-dogmatic qualitative one, the technique of doctrinary-jurisprudential analysis is applied, with an inductive-analytical method, the scope of the investigation is of an analytical-descriptive type, the research design is of a non-experimental type, the hypothesis formula, bibliographic matrix is ​​applied as data collection instruments which guided us to identify the main results of the investigation. The results warn that the preventive prison is applied in a disproportionate way without observing that it is a measure of ultimate reason, in that its nature is precautionary, for the fulfillment of exclusively procedural purposes, not observing criteria of necessity, proportionality, legality, causing excessive use and serious consequences for the Ecuadorian justice system. It is concluded that the effects of the excessive use of preventive prison are the violation of rights, jailhouse destruction, violation of constitutional principles and sanctions from Inter-American Court of Human Rights.