Abstract

PROANO TAMAYO, David Santiago; COKA FLORES, Diego Fernando  and  CHUGA QUEMAC, Rosa Evelyn. Analysis of the preventive imprisonment in Ecuador. Dilemas contemp. educ. política valores [online]. 2021, vol.9, n.spe1, 00081.  Epub Jan 31, 2022. ISSN 2007-7890.  https://doi.org/10.46377/dilemas.v9i.2989.

The objective of this work is to analyze pretrial detention in Ecuador, since this precautionary measure in the penal system is usually used as the rule but not as the exception. The methodology responds to the qualitative approach, the type of research is documentary, the analytical method allowed analyzing bibliography, regulations and jurisprudential cases. The results show that Ecuador has incorporated criminal regulations on pretrial detention considered as an exceptional precautionary measure, from the review of the cases Tibi v. Ecuador and López Álvarez v. Honduras before the IACHR Court it is determined that the competent judges apply a priori the precautionary measure of pretrial detention, but this is not applied as a last resort.

Keywords : preventive detention; precautionary measure; last ratio.

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