The Violation of the Constitutional Principle of the Right to the Presumption of Innocence in the Face of the Prison Crisis in Ecuador

Abstract

The violation of the principle of innocence has been evident in Ecuador, whose factor is increasing and this aspect much more critical was reflected in the country's prison crisis in 2020, a crisis that left the country with many destroyed homes and a weak administration of justice before the country and the region. The first point of this work is the study of the constitutional principle of presumption of innocence and the necessary regulatory requirements so that this right is not taken as just a wet and worthless piece of paper. In addition to the legal requirements to delimit the right to freedom. Starting from the knowledge that every person is innocent until proven otherwise and must be treated with the state of innocence, said state of innocence is lost with the pronouncement of an enforceable order or final sentence that ratifies their state by the judge of criminal guarantees. Therefore, this constitutional principle inscribed in the constitution of Ecuador is a primary guarantee for strict respect for the right to freedom and other rights related to it. Constitutional principle: A constitutional principle is understood to be the precepts that regulate and have binding force, whose effectiveness and subsequent application is connected to the complementary regulatory development. Furthermore, they are the prescriptions that delimit the axiological and political scope of a legal order, their purpose is to guarantee and ensure the permanence and sense of obligation of the content of the constitution. This investigation will reveal whether there is actually a violation of the constitutional principle of the presumption of innocence in the prison system of Ecuador in 2020. The position on the issue is that the lack of commitment on the part of prosecutors and judges is evident. Criminal guarantees since these are the ones in charge of collecting and deciding after analyzing the legal situation of the accused. Rather, they have the figure of preventive detention as a resource that will be applied to all defendants, when its true purpose and commission will only be contemplated as a last resort. Thus safeguarding the fundamental right to life and the right to liberty; understanding that freedom is defined as a fundamental, sacred and imprescriptible right that every human being possesses, that is, it is the faculty or quality of the human being to act according to his or her will as long as respecting the laws and in the same way the right of a third. In the face of the deplorable prison administration of the country whose rotten fruit was the killing of innocent people due to a bad ruling or a misinterpretation of the country's constitutional and criminal law. This investigation will be empowered by focusing on the problem, searching for and resolving the questions and the nature of the problem's emergence. In addition, with this you will find possible solutions, conclusions and subsequent recommendations on the topic to be developed. The method used in this work is the scientific method since it seeks to decipher the truth through the facts, as well as the historical method that allows us to understand and comprehend the reality of the events under study and finally the inductive and deductive methods to obtain a solid conclusion and understanding of the topic.