The reality of pre-trial detention in the face of criminal procedural reforms in Ecuador

Abstract

This article shows how criminal justice reforms in Ecuador lead to an improvement in the efficiency of the criminal justice system, while maintaining or even aggravating its traditional weaknesses, such as the arbitrariness of deprivation of liberty. Through the study of the reality of pre-trial detention, it is possible to demonstrate not only the selectivity in the implementation of the reform plan, but also the resilience of the legal culture in the Region, hyperlegalism and its highly selective compliance, both historical factors that might not have been considered by international assistance providers. Finally, we must verify the inquisitorial reconfiguration of the adversarial system.

KEY WORDS: preventive detention, reforms, procedural system, hyperlegalism, inquisitorial reconfiguration.

JEL CODE: K14