ANÁLISIS DE LOS OBJETIVOS Y CRITERIOS JURISPRUDENCIALES REFERENTES A LA DETENCIÓN CON FINES INVESTIGATIVOS, SUSTANCIADAS ANTE LOS JUECES DE FLAGRANCIA DEL ECUADOR.

Abstract

This academic article addresses as a problem the aspects of a procedural nature that can lead to a violation of the right to liberty, presumption of innocence and effective judicial protection, at the time of executing an arrest warrant for investigative purposes, whose duration of twenty-four hours leaves without time for the suspect to exercise his right to a defense, in addition to the fact that as a consequence the judges at the request of the Prosecutor's Office file charges against the investigated, having the effect of a precautionary measure that in many cases is preventive detention against the investigated. The importance of this document is of a practical nature for the administration of justice, since the purpose of the detention, as a precautionary measure to ensure the presence of the person in the criminal process, is; investigate the commission of an official crime in which the prosecutor suspects that this person has actively intervened, the purpose of the arrest is to find out everything related to the crime and those involved. The objective of the study is to determine that detention as a precautionary measure may be excessive in its application, becoming a measure of personal assurance. In conclusion, in detention for investigative purposes, the real and well-founded need of the request must be verified, otherwise the rights of individuals would be violated. It can be considered that detention for investigative purposes is admitted as a necessary evil in all legal systems to exercise justice in certain cases.