Prisión preventiva y la relación con el derecho de presunción de inocencia en el distrito judicial de Loreto 2021

• Autor: Montenegro Mori, Manuel Enrique
• Formato: tesis de maestría
• Fecha de Publicación: 2024
• Institución: Universidad Nacional De La Amazonía Peruana
• Repositorio: UNAPIquitos-Institucional
• Lenguaje: español
• OAI Identifier: oai:repositorio.unapiquitos.edu.pe:20.500.12737/10154
• Enlace del recurso: https://hdl.handle.net/20.500.12737/10154
• Nivel de acceso: acceso abierto
• Materia: Prisión preventiva; Presunción de inocencia; Administración de justicia; Defensor; https://purl.org/pe-repo/ocde/ford#5.05.02

The purpose of the research study was to learn about the existence or not of a relationship that could exist between preventive detention and the constitutional principle of innocence as a presumption that all defendants have. The question posed was: What relationship exists between preventive detention and the right to presumption of innocence in the judicial district of Loreto 2021? The general objective: Determine the relationship that exists between preventive detention and the right to presumption of innocence in the Judicial District of Loreto 2021. The research is basic, with a correlational quantitative methodological approach, the hypothetical deductive method was used and the research design was mixed; that is, non-experimental design and action research design; The sample consisted of 278 study subjects. The questionnaire was used as an information collection instrument based on the Likert scale, 80% validity was obtained by expert judgment for the questionnaire of the preventive detention variable and 78% for the questionnaire of the presumption of innocence variable and a reliability of 0.81 for the questionnaire for the preventive detention variable and 0.83 for the questionnaire for the presumption of innocence variable; Therefore, high reliability was obtained according to Crombach's Rho. The investigation concludes that there is a considerable relationship between the precautionary measure and innocence as a presumption according to the study carried out in the judicial district of Loreto 2021, since a Spearman's rho coefficient of +0.754 and a P value of 0.001 less than the alpha of 0.05 which allowed us to reject the null hypotheses and accept the alternative hypotheses, both general and specific, proposed in the research. The results obtained in the investigation allow us to determine that given the verified relationship between preventive detention and the principle of presumption of innocence, this legal mechanism used by justice operators as a precautionary measure must be maintained that its use is exceptional. Other less burdensome mechanisms must be opted for, such as appearance with restrictions, and thereby avoid errors that could affect the constitutional principle of innocence, since the limitation of freedom generates a harmful impact not only against the person subject to the measure, but also on their loved ones. family and social group.