Abstract

PEREZ COBO, Gyomar; SUAREZ VASQUEZ., Hever Daniel  and  PASTAZ PASTAZ, Franklin Wilmer. The criminalization of the defendant before the application of the precautionary measure of preventive detention. Revista San Gregorio [online]. 2022, vol.1, n.52, pp.220-239. ISSN 2528-7907.  https://doi.org/10.36097/rsan.v0i52.2247.

The high rate of application of preventive detention, which amounts to 40% of the prison population, has a negative effect on the safeguarding of the fundamental rights of the people investigated, affecting the status of innocence declared in different legal instruments. The general objective was to contextualize the criminalization process faced by people processed in the criminal justice system, who, before the determination of criminal responsibility, is imposed preventive detention. The analysis and discussion of the information was based on the methods and techniques of the qualitative research approach, systematizing the bibliographic-doctrinal heritage collected in the study, including the decisions of the Constitutional Court of Ecuador and the Inter-American Court of Human Rights. The results warn that preventive deprivation of liberty has become a utilitarian tool that bets on the productivity of the justice administration system, which contradicts the legal-rational criteria that support its imposition. We conclude that the legal, doctrinal and jurisprudential criteria where mechanisms are available to avoid affecting the human rights of the defendants have been insufficient to guarantee that this measure works in the ultima ratio dimension.

Keywords : Criminalization of the accused; preventive detention, prosecuted, innocence status.

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