Vulneración del principio de inocencia a través del uso excesivo de la prisión preventiva en delitos flagrantes

Abstract

The presumption of innocence, a fundamental pillar of human rights, ensures that every person is considered innocent until proven guilty through a fair judicial process. However, the excessive use of pre-trial detention, especially in cases of flagrant offenses, significantly undermines this principle. In such cases, the immediate detention of suspects often leads to a presumption of guilt, turning pre-trial detention into a de facto punishment rather than a precautionary measure. This study analyzes the disproportionate application of pre-trial detention in flagrant offenses, highlighting its deviation from the principles of legality, necessity, and proportionality. This practice not only violates fundamental rights but also generates severe social and personal consequences, such as stigmatization, loss of employment, and prison overcrowding. The analysis incorporates international human rights standards, particularly the Inter-American Court of Human Rights jurisprudence, which emphasizes that pre-trial detention should be maintained as an exceptional measure. The research underscores the need for legislative reforms, judicial training, and the adoption of non-custodial alternative measures to ensure the effective protection of the presumption of innocence and achieve a balance between justice and individual rights.