Ecuador is characterized by being a Constitutional State of Rights and Justice, it has signed and ratified several intentional human rights agreements, which oblige the Government to adopt measures to avoid the violation of fundamental and human rights. The inadequate social rehabilitation system, the lack of application of the law and constitutional guarantees, prison overcrowding, the insufficient budget, the lack of old infrastructure, the lack of specialized human talent, the insecurity and violence that prevails within the country of rehabilitation centers, among other facts, are the fundamental causes for there to be a repeated violation of rights. The purpose of the manuscript is to analyze the responsibility of the State for the violation of the constitutional and human rights of people deprived of liberty without sentence, for this purpose a critical study of the doctrine, the n...