Resumen

TORO-MARTINEZ, Xavier Andrés  y  VALDIVIESO-VINTIMILLA, Simón. Efficacy of preventive detention: A study of cases presented during the period 2021-2022. Koinonía [online]. 2023, vol.8, suppl.1, pp.51-70.  Epub 05-Jun-2024. ISSN 2542-3088.  https://doi.org/10.35381/r.k.v8i1.2488.

The objective of this research was to analyze the application of preventive detention by justice administrators in the Esmeraldas canton of Ecuador, in addition to the study of the human right to freedom and the presumption of innocence. The applied methodology was based on a documentary-descriptive investigation, of a legal nature, carrying out the analysis of the processes carried out in the Criminal Judicial Unit of the Esmeraldas canton, in the periods 2021-2022. The precautionary measure of preventive detention loses its essence from the moment it is ordered by the competent judge in a general way, without the Prosecutor justifying its need, undermining its exceptional nature, violating the right to liberty, as well as the presumption of innocence and also contributing to the overpopulation and prison crisis in the Ecuadorian State.

Palabras clave : Prisons; prisoners; rights of prisoners.

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