Anyy Aully Díaz Zamora

DOI: 10.59427/rcli/2023/v23cs.4201-4210

The objective of this study is to analyze the abuse of preventive detention in Peru and its impact on human rights, evaluating the adequacy of national practices against international justice standards in a Constitutional State. A qualitative approach based on Grounded Theory and the analysis of judicial and legislative documents was employed. The findings reveal that, in Peru, preventive detention is applied disproportionately and without proper justification, violating the principle of presumption of innocence. Detention conditions are often inhumane and degrading, with issues of overcrowding and lack of basic services. Moreover, the undue prolongation of judicial processes extends the period of preventive detention beyond legal limits, severely affecting the mental health and social well-being of detainees and their families. Despite the existence of alternative precautionary measures, these are not adequately implemented. The conclusions highlight the urgent need for profound reforms in the Peruvian judicial system. These reforms should focus on ensuring a fair and proportional application of preventive detention, improving detention conditions, and promoting less restrictive alternatives. It is essential to guarantee that judicial decisions are based on uniform and well-founded criteria, fully respecting the human rights of detainees. Only through a firm commitment to justice and equity can a more efficient and humane justice system be promoted.

Pág 4201-4210, 31 Dec