Jurisprudencia y Ciencias Sociales

URI permanente para esta comunidadhttp://repositorio.uta.edu.ec/handle/123456789/892

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2020 - 20263

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Fecha de inicio: 2020Tema: search.filters.subject.PRISIÓN PREVENTIVA

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  • Miniatura
    Item type:Ítem,
    La prisión preventiva y los criterios de aplicación en las unidades judiciales del cantón Ambato
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-01-22)
    Tirado Galeas, Anthony Alexander
    ;
    Acosta Morales, María Gabriela
    The research analyzed the application of preventive detention within the Ecuadorian criminal justice system, specifically in the Ambato canton, evaluating the criteria used by justice operators in judicial units and identifying its impact on fundamental rights. The main objective of the study was to analyze the measure of preventive detention and the criteria for its application in the judicial units of Ambato canton. To do this, a qualitative methodology was employed based on doctrinal review, jurisprudential analysis, and the study of national and international regulations, complemented by the examination of relevant judicial cases and interviews with three main judicial actors within the criminal system: a judge, a prosecutor, and a criminal defense attorney. The results obtained showed a disparity of criteria among judicial actors, finding that preventive detention was ordered disproportionately and without rigorously meeting legal requirements such as reinforced reasoning, verification of procedural risk, and demonstration of insufficiency of alternative measures, which led to violations of rights such as liberty and due process. Additionally, a lack of uniformity was found in the judicial interpretation of the principle of exceptionality and an excessive use of the measure influenced by extrajudicial factors and social pressures. The research concluded that it is essential to strengthen the application of constitutional standards, ensure adequate motivation, and promote the prioritized use of non-custodial measures to guarantee a more protective justice system consistent with the principles of the Constitutional State of rights
  • Miniatura
    Item type:Ítem,
    Derecho a la libertad y aplicación de la prisión preventiva en delitos de robo y hurto
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-10)
    Jiménez Panimboza, Adriana Elizabeth
    ;
    Guevara Fuentes, José Rubén
    The increase in the number of persons deprived of liberty in Ecuador draws the attention of all State institutions. State security is not reflected by the fact that there are more people incarcerated; On the contrary, in many countries a perverse circle of insecurity has taken root, where prisons constitute precisely one of its main links. The adversarial accusatory system, prosecutors and defense lawyers litigate before an impartial judge. But reforms to justice systems were oriented and had a fundamentally punitive approach, contravening logic, common sense and, above all, specialized recommendations. It should also be mentioned that Ecuadorian criminal legislation, as of August 10, 2014, the date on which the Organic Integral Criminal Code entered into force encouraged the abuse of pretrial detention. The judges currently issue preventive detention to a person without sufficient elements of trial since they do not know the profile of the persons processed, demographic data and family context: if they have family charges, labor relations, study, partner, income level, Disability, despite the lack of knowledge, judges issue preventive detention.
  • Miniatura
    Item type:Ítem,
    La prisión preventiva y el principio de mínima intervención en el código orgánico integral penal
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2020-07)
    Venegas Duncan, José Luis
    ;
    Montero Solano, Juan Pablo
    The present research work with the topic THE PREVENTIVE PRISON AND THE PRINCIPLE OF MINIMUM INTERVENTION IN THE CODIGO ORGANICO INTEGRAL PENAL, had as main objective to study preventive detention and the principle of minimum intervention in the Comprehensive Organic Criminal Code, because the application Inadequate of this precautionary measure of exceptional use, influences so that the principle of minimum intervention is violated, which causes the prisons to be filled with people who cannot exercise their right to mobility during the criminal process, without actually existing Circumstances to doubt, that appear in this process or that do not comply with the penalty that could be condemned in case of checking the possible responsibility, for which we proceeded with the respective bibliographic review about the different variables, for which I apply the scientific methodology, a survey aimed at criminal judges and age was used as a method The criminal prosecutors of the Canton Ambato, and as an instrument the questionnaire that contained eight questions related to the variables was used, subsequently the field study was carried out, to process the information obtained and check the hypotheses with the distribution of the T-student, Finally, the conclusions and recommendations of the degree work were determined.