Trabajos de Titulación - Derecho
URI permanente para esta colecciónhttps://dspace.ucacue.edu.ec/handle/ucacue/10
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Examinando Trabajos de Titulación - Derecho por Asesores "Clavijo Vergara, Andrés Santiago"
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Ítem Acceso Abierto Análisis sobre la aplicación de hábeas corpus frente a la medida cautelar prisión privativa arbitraria(Universidad Católica de Cuenca., 2024) Gallegos Lazo , Lissette Aracely; Orellana Calle, Cristina Siloé; Clavijo Vergara, Andrés Santiago; 0106145436; 0705314839This research analyzes the relationship between pretrial detention as a precautionary measure and habeas corpus as a jurisdictional guarantee within the framework of the Ecuadorian legal system. Pretrial detention is conceived as a procedural instrument to ensure the defendant’s presence in the criminal process; however, in Ecuador, its application has shown flaws such as arbitrary, illegitimate, and illegal detentions, violating fundamental rights, including freedom. On the other hand, habeas corpus is an essential constitutional guarantee to protect personal freedom against abuses in the application of pretrial detention. Through the study of provisions such as Article 534 of the Comprehensive Organic Criminal Code and Articles 77 and 89 of the Constitution, as well as rulings of the Constitutional Court, the need to respect principles such as exceptionality, proportionality and motivation in restrictions on freedom has become evident. These regulations strengthen the Ecuadorian legal framework, promoting a balance between the protection of individual rights and the purposes of the penal system. The study concludes that, far from being contradictory, pretrial detention and habeas corpus are complementary. The former, as a precautionary measure, seeks to ensure the defendant’s presence in the criminal process, while the latter protects the prevalence of the constitutional right, freedom against possible illegitimate, illegal, or arbitrary violations. This interaction strengthens the protection of fundamental rights and legal security in Ecuador, reaffirming the commitment to a fair penal system that respects constitutional principles.Ítem Acceso Abierto El cumplimiento normativo en la aplicación de la prisión preventiva como medida cautelar por parte de la fiscalía y los jueces en Ecuador(Universidad Católica de Cuenca., 2024) Sagbaicela Marca, Lourdes Patricia; Brito Brito, Juan José; Clavijo Vergara, Andrés Santiago; 0106471535; 0106971062Pre-trial detention in the Ecuadorian criminal procedural system is a precautionary measure aimed at guaranteeing the accused’s presence in the process, ensuring compliance with an eventual sentence, and facilitating reparation to the victim. It is conceived exclusively as a procedural tool. Among the precautionary measures, pre-trial detention is the most burdensome since it limits personal freedom. Consequently, it should be considered a measure of last resort, applicable only when strictly necessary, proportional, and suitable. However, its incorrect application has led to situations where it is applied disproportionately, including as an anticipatory means of sentencing, rather than as an appropriate procedural measure. Article 534 of the Comprehensive Organic Criminal Code (COIP by its Spanish acronym) regulates the requirements for the imposition of pre-trial detention. The main objective of this article is to analyze the said article and, through a historical-logical approach and an as analytical-synthetic one, the evolution of pre-trial detention in the Ecuadorian penal system is described. The duty of the Prosecutor's Office and judges in its implementation is analyzed in accordance with the principles of presumption of innocence and minimal criminal intervention. Furthermore, the necessary arguments for its application are outlined, and the reasoning that the judge must adopt to grant it is proposed since the lack of reasoning would violate the human rights of the accused, especially his natural state of innocence, which must be protected by the rule of law.
