La prisión preventiva, una medida excepcional en un Estado constitucional de derechos y justicia

Abstract

In the following research work, an investigation has been made about the reality of preventive prison in Ecuador. Although the Constitution and the Comprehensive Organic Criminal Code (COIP for its acronym in Spanish) consecrate its exceptional character, the perception of certain sectors of the legal practice is that it has been used in an indiscriminate way. This abuse is generally produced by factors external to the administration of justice, such as pressure from the society and media which the judges are exposed, specially in cases that cause major concern in the society. This is why the solutions to this problematic are not only in the hands of judges, but also the prosecutors, public defenders, the media and the population in general.