La aplicación excesiva de la prisión preventiva en Ecuador desde el ámbito de la Corte Interamericana de Derechos Humanos

Abstract

This study examines the inter-American standards of pretrial detention based on its excessive use in Ecuador; this country has experienced a critical situation in its prison system due to increased criminal activities nationwide. These events have led judges to apply pretrial detention excessively and indiscriminately without proper justification. Therefore, this investigation aimed to justify that this precautionary measure does not comply with the legal principles and requirements set by the Inter-American Court of Human Rights and those established in national laws, such as legality, necessity, proportionality, reasonableness and other principles derived from this institution and, consequently, constitutionally recognized requirements, his fact has completely denaturalized this precautionary measure. The research pattern for the development of this article was from a qualitative approach; the methods included dogmatic, historical-logical, and comparative, while the techniques employed involved documentary review and interviews, using tools like filing and questionnaires.