Medidas sustitutivas y el Derecho de la presunción de inocencia

Abstract

The Constitution of the Republic of Ecuador and the international legal instruments on human rights, enshrined freedom of the universal rights of the human being, the procedural rules have mechanisms of claim of those judicial decisions that restrict or limit the right of free mobility for the people. The practice of criminal procedure in Ecuador, has shown the abuse in the application of preventive detention, without taking into consideration that it is a surrogate measure of exceptional staff that must be issued subject to the provisions of the Constitution of the presumption of innocence. The right to the presumption of innocence has been one of the most violated by the organs of the administration of Justice, this study is considered important. The treatment it has received by prosecutors and judges reflects how this beginning has been persecuted at the expense of human dignity; in many processes although there is no sufficient conviction, is fiscal sustains charges without the slightest legal support, and worse accepted by judges under the pretext that the Prosecutor's office is the holder of the investigation and the prosecution, forgetting that they are guarantors of due process. The issues described in this work are entitled "Alternative MEASURES AND THE RIGHT TO THE PRESUMPTION OF INNOCENCE". Presents a theoretical research, based on the concepts, doctrinal views and critical review of legal norms, and information compiled of law professionals who provided their criteria in the survey and the interview, all this collection gives conclusions and recommendations and finally the approach of the legal proposal to reform the Organic Code Criminal Integral (COIP).