Las medidas de aseguramiento privativas de la libertad lesionan los principios de dignidad humana, presunción de inocencia y el derecho a la libertad.

Abstract

The measure of assurance in a prison detention center within the framework of the social rule of law, implies an analysis within which, it must be established whether, in the scope of Colombian criminal procedure, the principles and rights contained in the National Constitution, this measure is adequate legally, and constitutionally. Consequently, this work deals with specifically analyzing the principles that govern preventive deprivation of liberty in criminal proceedings, from the constitutional, legal and international instruments point of view, seeking to harmonize the criteria used by guarantees judges when time to resolve the prosecutor's request in this matter. The principle of constitutional proportionality, the legally developed elements, and the pronouncements of the inter-American human rights system provide the basis for the interpretations proposed in the article, seeking to protect freedom, without renouncing the basic needs of justice in a social and democratic State of right.