El uso del dispositivo de vigilancia electrónica como medida cautelar suficiente frente a la prisión preventiva en el Ecuador

Abstract

The electronic monitoring device is proposed as an alternative to pretrial detention, with the goal of reducing prison overcrowding and upholding the principle of the presumption of innocence. Unlike pretrial detention, which involves total deprivation of liberty without a final judgment, this mechanism allows for the supervision of the defendant through technology, limiting their movements without completely removing them from their social environment. This measure is less detrimental to fundamental rights, as it allows the defendant to maintain family ties and even continue certain work activities, under state supervision. It also helps reduce the costs of the penitentiary system and avoids negative consequences associated with incarceration, such as stigmatization or exposure to criminal environments. However, its implementation requires an adequate assessment of the case, well-defined criteria, and sufficient technological resources. It is not applicable in all situations, particularly in cases of serious crimes or when there is a risk of flight or interference with the investigation. In short, electronic monitoring is an alternative that seeks to balance surveillance with respect for individual rights.