análisis doctrinario del caso nro. 07257-2020-00740: en relación a la prisión preventiva y la aplicación del test de proporcionalidad

Abstract

Ecuador has been condemned several times before the Inter-American Court of Human Rights due to the inadequate application of preventive detention and has been recommended to use the proportionality test to mitigate it. This research focused on analyzing the application of the proportionality test when ordering preventive detention, using a specific case study as a basis. The main objective of this study was to determine whether the application of the proportionality test concerning preventive detention is a guarantee within the Ecuadorian legal system. To achieve this objective, domestic law, comparative law, and international standards on preventive detention and its compatibility with the proportionality test were analyzed. Qualitative, deductive, exegetical, documentary, descriptive, historical, comparative, analytical, Delphi, and synthetic methods were used. The analysis concluded that the proportionality test is indeed a guarantee recognized in the Ecuadorian legal system and is supported by the binding criteria of the Constitutional Court of Ecuador and the Inter-American Court of Human Rights, in addition to International Human Rights Instruments and doctrine.