Critica de la detención preventiva en Colombia a la luz de los principios constitucionales incorporados en la Constitución Política de 1991

Abstract

The present study will focus on the figure of preventive detention or provisional detention, as a form of provisional restriction of individual liberty, in the understanding that it is a criminal legal figure of broad questioning in the history of humanity, particularly due to the limitation of freedom without the existence of a prior trial that resolves in depth the responsibility of the accused, a tool that has been constituted as a policy of repression against people, generating prejudices, and violating essential postulates such as the presumption of innocence. International norms at the universal and American levels, which regulate the right to liberty, as well as their limitation in the context of preventive detention will be studied.