Abdel Arauco Cabrera, Gerardo Francisco Ludeña González, Nilton Isaias Cueva Quezada
This literature review article aimed to analyze the abuse of criminal law and the disproportionality of pretrial detention in judicial personnel. The method of the investigation has been the product of a documentary review, on a current problem related to criminal law and preventive detention, this controversy involves the freedom of the citizen as part of the fundamental right and the inadequate proportionality of the measure for such deprivation of liberty to be dictated. The information was based on what was collected in the databases Scopus, Scielo and Internet pages very relevant to the research. The results show that there is an incidence of abuse of criminal law in the disproportionality of the pretrial detention of judicial personnel. It is concluded that the abuse was committed by the judicial personnel against those investigated. Conclusions The penal code of each country must be elaborated explicitly, guaranteeing the principle of proportionality in cases of preventive detention. In addition, it is important that criminal codes be amended to clearly specify precautionary measures in order to prevent abuse of pretrial detention.
Pág 1834-1841, 16 Sep