The principle of the exceptionality of pretrial detention

Abstract

This article has as main objective to make an analytical study about the principle of exceptionality of preventive prison in Ecuador, a figure that is regulated in the Constitution and international instruments that, according to the constitutionality block, should be applied exceptionally in conjunction with the new criminal regulations. Based on an explanatory investigation methodology, using the method of documentary observation, it was found that the principle of exceptionality of preventive prison is not being applied correctly and objectively by justice operators, despite the current constitutional and criminal regulations It says so. This situation triggers several problems that the Ecuadorian State has to face due to the lack of criteria and improper application of the authorities

Keywords

• principio
• prisión
• constitución
• tratado internacional
• normativa