La prisión preventiva y la vulneración a la presución de inocencia en los procesos relativos al uso de sustancias.

Abstract

In the Constitutional State of Rights and Justice, which the Constitution of the Republic of Ecuador of 2008 implemented with its recognition, many substantial changes were established, but undoubtedly the most characteristic is the supremacy of constitutional rights over any other rule of the legal system Ecuadorian. In the light of fundamental rights, the legal system had to be reformulated, not only with regard to form but also concerning the substantive nature of legal provisions. The criminal law, as a substantial and central matter in the Ecuadorian legislation, has also presented several changes in its norms. In them it is possible to demonstrate the strong acceptance of the current guarantee of criminal law, which seeks a complete objectification of criminal activity, excluding any backwardness of subjectivism, and that makes the State the first responsible for the respect and compliance of human rights. This guarantee work of criminal law, has already been studied and exemplified in some countries, starting in the European continent with Germany and Italy, but this conception has found in the countries of South America, a space for its development and exhibition. One of the reasons lies in the number of cases that are taken to the courts or criminal courts, in order to obtain justice, however the response has been the extent to which it translates the coercion and punitive power of the State: the prison preventive The deprivation of freedom, from the annals of history, not exclusively of criminal law, but also from the sociological and anthropological point of view, has been a measure that has been characterized by rudeness and dispossession of the dignity of the human being for the suppression of the most precious good after life, freedom.