El control constitucional del juez de garantías en audiencias preliminares de imposición de medida de aseguramiento

Abstract

The security measure has been recognized as a preventive measure in criminal matters through which an active subject who commits criminal conduct is criminally sanctioned by the State and its competent authorities. This measure is based on their deprivation of liberty, since the respective criminal sanction is carried out through a judicial ruling issued by the criminal judge, which orders that it be carried out in a prison infrastructure. It is for this reason that the security measure goes beyond criminal law itself and touches areas of constitutional law, since the country´s constitution states that one of the fundamental rights is the right to individual freedom. This right must be guaranteed under the parameters of legality and due process applicable to all types of crimes.