El principio de presunción de inocencia e igualdad formal y material, en la sustitución de la prisión preventiva en caso de reincidencia en el Ecuador

Abstract

Since its reform on December 24, 2019, Article 536 of the COIP has been the subject of study and debate, mainly the Constitutional Court of Ecuador has declared its unconstitutionality in certain aspects of its regulation, basing its decision on the nature of pre-trial detention, which led to study said figure, its application, and substitution benefits established by law. In addition, it examines the inequality between procedural subjects resulting from the prohibition of substitution in cases of recidivism. Using a qualitative, bibliographic, theoretical, descriptive, and non-experimental approach, the study seeks to identify the non-observance of regulatory criteria for pretrial detention at a national and international level, as well as the violation of constitutional principles, and the existence of normative discrimination. The research proposal is oriented around the importance of the Constitutional Court of Ecuador analyzing the prohibition of substitution of pretrial detention in the case of recidivism, to verify the constitutionality of the regulation and address possible violations derived from the existing regulation.