Análisis del uso abusivo de la prisión preventiva bajo el enfoque del derecho penal del enemigo en Ecuador

Abstract

This study analyzes the influence of preventive detention in the context of the Criminal Law of the Enemy in Ecuador, focusing on its impact on the fundamental rights of individuals. The lack of motivation and justification by judges in applying this precautionary measure has generated a debate over its legitimacy and justification. On the one hand, it is argued that preventive detention should not contravene fundamental rights such as freedom and physical integrity nor be a means to exercise violence, emphasizing the need for this measure to be proportional, reasonable, and necessary. On the other hand, its usefulness is defended as an essential tool to guarantee public safety and prevent the perpetration of serious crimes. The main objective of this research is to analyze how the application of preventive detention within the framework of the Criminal Law of the Enemy affects these fundamental rights and to examine the existing relationship between insufficient judicial justifications and human rights violations in criminal proceedings. The main conclusion is that the disproportionate application of preventive detention, without adequate justifications, not only violates fundamental rights but also delegitimizes the judicial system in Ecuador, highlighting the urgent need to review and reform its use to balance public safety with the protection of human rights.