La orden de detención con fines investigativos y el debido proceso

Abstract

The right to due process is the fundamental pillar within any judicial process, the recent jurisprudence of the Constitutional Court of Ecuador, establishes that there are basic guarantees that must be respected, among these guarantees we find those established in Art. 76 numeral 7 literal a ), b), c) and d), of the Constitution that guarantees the right to defense. This topic allows us to analyze the vulnerability of the due process and within it, the constitutional guarantees, when issuing a detention ticket for investigative purposes, this being misused, turning it into a measure for persecutory purposes. The method that was used is the analytical doctrinaire, due to the study and review of several books, articles and sentences of the CCE. Finally, the difference between the purpose of a detention ticket for investigative purposes and a precautionary measure of preventive detention will be demonstrated