El derecho a la igualdad en la sustitución de la prisión preventiva en los procesos penales

Abstract

The Constitution of the Republic of Ecuador, recognizes as fundamental rights such as the presumption of innocence, due process, formal equality and material equality, personal freedom, proportionality. Focusing on criminal matters, the COIP contemplates alternative measures of a personal and real nature to ensure the appearance of the accused for trial, among them the “Preventive Prison”; a measure that for a large part of the administrators of justice is a necessary measure and does not violate any right; However, for jurists and legal scholars as well as for the Inter-American Court of Human Rights, this measure is considered as an “anticipated penalty”, since the right to liberty is being restricted only on the basis of mere presumptions, obviating the principle of innocence.