The incidence of preventive detention in the guarantee of the right to the presumption of innocence

Abstract

The content of this scientific review article has its origin in the consequences of the application of preventive detention, compared to the right to the presumption of innocence. The number of cases that are seen daily in Ecuador, in which suspects are deprived of liberty with the measure of preventive detention and, later, are acquitted by resolution, have consequences that cause affectations (economic, psychological, etc.) not only to the subject, but to the State.
Therefore, in order to reach a criterion that discussed the above, the following topics have been developed: The judicial system in Ecuador, it is important to know high benefits are the mechanisms that are used in the Ecuadorian penal system to guarantee the rights and procedures , and to impart justice; Precautionary measures, whose main function is to avoid the threat against constitutional rights or human rights recognized in the Constitution of the Republic of Ecuador, as well as in international treaties; Preventive detention, constituted as a precautionary measure, whose purpose is to guarantee the appearance of the suspect; and, finally, reference is made to the Right to the presumption of innocence, a fundamental right, which the Constitution of the Republic of Ecuador, in accordance with other international norms, must protect at all costs, without allowing other rights to be violated, as is the right to freedom.
The results of this research have allowed us to develop a discussion on the issue raised, which, ultimately, leads us to infer that the right to freedom is restricted by the rules that govern the behavior of the human being; that preventive detention is applied mechanically in the justice system, without observing other details; and, that the guarantee of the right to the presumption of innocence is not effective in Ecuador.