Analysis of the constitutionality of preventive detention based on ruling n. 8-20-cn/21 of the Constitutional Court of Ecuador.

Abstract

In Ecuadorian society, preventive detention has been seen from different socio-legal and cultural approaches, it is necessary to emphasize that Ecuador by being constitutionally based State of light, share constitucional guarantees and principles are embodied, for its compliance, as well as international treaties, specifically the American Convention on Human Rights (Pact of San José de Costa Rica, protecting effective judicial protection in an equitable manner, as the essence of justice, where the human rights of people, especially of the subjects The defendants are guaranteed their fundamental rights such as freedom, presumption of innocence, reasonable doubt, legality among other principles typified in the COIP. Several disputes have arisen in the community. This article aims to examine the constitutionality of preventive detention, its parameters and application in the Ecuadorian criminal process, a study in light of ruling No. 8-20-CN/21 of the Constitutional Court of Ecuador, the research methodology was based on bibliographic and/or documentary, by the compilation of information from books, scientific articles, jurisprudence, laws, case study, ruling No. 8-20-CN/21, videos, websites, Google academic, among other relevant resources that address the topic, corroborated by analytical-critical, inductive and deductive methods; It is concluded that preventive detention is an exceptional precautionary measure, it must be adopted under the principle of last ratio and only when it is determined, in the course of the process, that there is no other effective measure, in no case can it pursue punitive purposes or early compliance with the sentence.