| Summary: | One of the main problems in Latin America is the indiscriminate application of the precautionary measure of preventive detention, a fact that is reflected in Ecuador, despite the fact that the Comprehensive Criminal Organic Code seeks to constitutionalize criminal law, and in its text is seen reflected, however in practice the application of the precautionary measure of preventive detention there is a serious violation of the principle of innocence, as well as the principle of freedom, especially when justifying Article 534 number 3, very little or almost nothing is carried out by the parties involved in the process, in demonstrating a need
In the first chapter a brief historical review of the preventive prison in Ecuador is made, since it is important to mention the firm detention, measure contrary to the Constitution of that time. The analysis of the indeterminate concepts contained in Art. 534 number 3 is carried out. In addition, the fundamental principles of preventive detention are analyzed; The second chapter analyzes the motives of the Assembly to write Chapter V, as well as identify who proposes the codification of article 534 number 3, and the influence of the School guarantee against the pragmatic School in the drafting of the Organic Comprehensive Criminal Code; The third chapter analyzed ten hearings carried out in the cantons of Ponce Enríquez, Girón and Santa Isabel, proceedings in which the precautionary measure of preventive detention has been issued, as well as surveys of judges who exercise their activities in the south of the country. province of Azuay, in order to identify the application of indeterminate concepts in that territorial district.
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