Analysis of the preventive imprisonment in Ecuador.

  • David Santiago Proaño Tamayo Universidad Regional Autónoma de Los Andes
  • Diego Fernando Coka Flores Universidad Regional Autónoma de Los Andes
  • Rosa Evelyn Chugá Quemac Universidad Regional Autónoma de Los Andes
Keywords: preventive detention, precautionary measure, last ratio

Abstract

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.

Published
2021-10-01