ANÁLISIS COMPARATIVO SOBRE EL USO DE LA PRISIÓN PREVENTIVA COMO MEDIDA CAUTELAR EN EL DERECHO PENAL DE ECUADOR Y PERÚ

Abstract

Legislation ensures fair administration of justice for all members of society through legal frameworks that support the observance of fundamental principles and rights within the context of a State. Among these essential and inalienable rights are individual liberty and the presumption of innocence until proven guilty. In this research study, preventive detention has been analyzed as a personal and exceptional precautionary measure that limits the exercise of the right to liberty for a significant period. This measure will only be applied in situations where other precautionary measures are insufficient to ensure the objectives of the process, which focus on the legal verification of the existence of infringement measures and the determination of the criminal responsibility of the accused. In the theoretical field, logical historical approaches and synthetic analyzes were used, while in the empirical aspect a documentary analysis and an exegetical analysis were carried out. The results obtained are linked to continuous efforts at the international level to protect the human rights of citizens.