Análisis de la constitucionalidad de la detención con fines investigativos en un Estado Constitucional de Derechos

Abstract

The present research work is aimed at studying the constitutionality of detention within a Constitutional State of Rights and Justice. The purpose is to determine if there is infringement of the fundamental rights recognized by the Constitution of the Republic of Ecuador of 2008 and in International Human rights instruments. For research purposes, the figure of detention is regulated by the legislation as a precaution measure, that is temporary and of personal nature, in which a person is deprived of freedom for twenty four hours on suspicious of having committed or taken part in an illegal act that is know by the official body to conduct the research process. The study was conducted using both qualitative and quantitative methods with emphasis on the qualitative one that employs the historical and sociological as well as the analytical-synthetic and deductive methods. Some Techniques include interviewing criminal judges and conducting surveys to legal professionals. The research findings show that there is infringement of fundamental rights entrenched in the Constitution of Ecuador 2008 and International Human Rights Instruments, besides the majority of the litigation attorneys and criminal judges of the Tribunals of the Republic of Ecuador who were surveyed believe in it.