Abstract

LUQUE GONZALEZ, Arturo  and  ARIAS, Evelyn Gabriela. Constitutional Law in Ecuador: Presumption of Innocence and Preventive Prison. Bol. Mex. Der. Comp. [online]. 2020, vol.53, n.157, pp.169-192.  Epub Dec 13, 2021. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2020.157.15228.

Ecuador is a constitutional, sovereign and guarantee state of rights linked to the dignity of people. In turn, it is obliged to stop all types of violations committed by judges and prosecutors who base their actions on simple news criminis or mere presumptions. Therefore, a Constitutional State of Rights and Justice goes beyond the deprivation of liberty. As a consequence, it is necessary to know these details in order to avoid a malicious use of it, or that it is intended to intimidate innocent citizens who, in the face of ignorance, can be attacked to their innocence by transgressing fundamental guarantees of the defendant with an execution anticipated that the penalty itself brings with it. Therefore, preventive detention not only violates Ecuadorian norms and Human Rights, it undermines the most precious asset granted to human beings, their freedom.

Keywords : Rights; Prison; Innocence; Justice.