La prisión preventiva y el principio de presunción de inocencia

Abstract

The graduation work with the theme "PREVENTIVE PRISON AND THE PRINCIPLE OF PRESUMPTION OF INNOCENCY develops the emblematic criminal legal debate that has always existed between the presumption of innocence and the preventive detention during the substantiation of a criminal process trying to identify the main questions And / or problematic aspects that could be generated, as well as the justifications that have promoted them. Pre-trial detention, however, which is an extreme personal protective measure, and exception in accordance with the Constitution of the Republic, the prosecutor at the time of request and the judge of criminal guarantees when dictating it almost never motivates, that is, not Is complied with constitutional and legal requirements, due to lack of constitutional legal culture, the more so that when dictating it violates several other constitutional rights such as the presumption of innocence, freedom, privacy, dignity, the right to defense.