Abstract

FLORIANO RODRIGUEZ, Ronald  and  CONTRERAS HORNA, Richard Fermín. Analysis of the principle of proportionality when applying preventive detention in Perú. Revista InveCom [online]. 2024, vol.4, n.2, e040245.  Epub July 20, 2024. ISSN 2739-0063.  https://doi.org/10.5281/zenodo.10641819.

The purpose of this study was to analyze the impact of a correct argument of the principle of proportionality, when ordering a preventive detention in the Judicial District of Santa - Ancash. To this end, a basic study was developed, with a qualitative phenomenological approach of descriptive scope, where in order to answer the questions posed, the interview had to be applied as a technique to the study sample made up of twelve professionals involved in the administration of justice. From the results found, it is concluded that an exhaustive examination of proportionality has favorable repercussions when deciding on the temporary imposition of a restriction of liberty, where despite the existence of different criteria and procedures to analyze proportionality, in practice there is no uniformity in its application. where in many cases, judges may rely on their own subjective interpretation of the principle of proportionality, which can lead to contradictory and disproportionate decisions.

Keywords : prison; proportionality; right to justice.

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