Las medidas sustitutivas y la vulneración de la presunción de inocencia

Abstract

This research emerges as the result of a chaotic crisis currently evident in the administration of justice with regard to the application of the precautionary and / or replacement in the field of criminal law measures, which are implemented without observing the rules contained in the Constitution of the Republic of Ecuador, in the Criminal’s Integral Code and even in International Treaties and Conventions on Human Rights. The freedom is a right of first generation that is backed by constitutional guarantees and principles which are considered direct and immediate application in order to respect the rights of every human being, but in legal practice are violated because Judges Criminal Guarantees dictate precautionary measures and / or restrictive alternative of freedom as a general order and not exceptional as the same law determines. On the grounds that the accused are being stigmatized by inefficient implementation of these measures seek to make objective assessments and deep to ensure access of these people to justice using the principles of legality and proportionality assessments. This research focuses on a thorough analysis and legal doctrine of prudential and / or alternative measures applicable on an accused person. In addition, it has field research allows better recognize the reality of what happens in the Criminal Justice Unit based in thecanton Pelileo in relation to the problem of study as well as the approach of a viable legal proposal to route one better implementation of these measures in order to protect the liberty of the accused and ensure its status innocence throughout the proceedings of the criminal proceedings.