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ISSN 2063-5346
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SYSTEMATIC REVIEW OF PRETRIAL DETENTION AND THE RIGHT TO LIBERTY: SYSTEMATIC REVIEW OF THE LITERATURE

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Yuri Maurice Achaya Cusihuallpa, Karina Veronica Chuquizutta Benavides
» doi: 10.31838/ecb/2023.12.s3.576

Abstract

The right to due motivation of judicial decisions is a guarantee of the defendant against judicial arbitrariness and guarantees that the decisions are not justified by the mere whim of the magistrates, but rather by objective data provided by the legal system or those that are derive from the case. However, not all or any error that a judicial resolution eventually incurs automatically constitutes a violation of the constitutionally protected content of the right to the motivation of judicial resolutions, the judges, when imposing the exceptional measure of preventive detention, lack foundations by not there must be evidence that contains objective data that demonstrate sufficient reason to be able to confirm that the crime has been committed and that therefore the right to freedom is violated. The objective was to investigate how the due motivation in the case of judicial decisions violates the right to freedom of the person, affecting the locomotive freedom of it, which is necessary to evaluate for a correct administration of justice. The methodology was a structured bibliographic review of a qualitative approach, with a phenomenographic multimodal design from 20 articles from the open Access databases of Scielo, Scopus, Wos, performing a search from the prism method using the inductive deductive hybrid method, the sampling was non-probabilistic with criteria of inclusion and exclusion from a systematic review of articles found in the database of scientifically rigorous indexed journals. It is concluded that the lack of motivation of the judicial resolutions is considered as a principle of due motivation where the litigants are responsible for motivating their resolutions, which attributes a degree of value to the principle of legality that the judges at the time of resolving do not apply properly. such a principle.

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