PRETRIAL DETENTION: CRIMINAL PROCEEDINGS IN ECUADOR

Preventive imprisonment is a precautionary measure in criminal proceedings in Ecuador, which is subject to an erroneous and automated application. The objective of this article is to analyze the socio-legal situation that leads to the improper application of preventive imprisonment in criminal matters, through a bibliographical and normative review in its qualitative modality with synthetic analytical methods, hermeneutics, and legal exegetics necessary for the interpretation of constitutional precepts and secondary laws related to preventive imprisonment. This study shows that the improper use of preventive imprisonment as a precautionary measure does not comply with the principle of last resort, and becomes disproportionate in its application, and that since the resolution issued by the plenary of the National Court of Justice (Resolution No.14-2021 ) establishes the exceptional scope for this precautionary measure, due to the fact that its misapplication has brought about a crisis of prison overpopulation of individuals who do not have an enforceable sentence, and that it violates principles such as the presumption of innocence, procedural celerity and due process.