La prisión preventiva oficiosa a través de la dogmática de los derechos fundamentales Fundamentos y desarrollo de su test de proporcionalidad

Abstract

Pre-trial detention is a precautionary measure that, due to its intense interference in the rights to personal freedom and the presumption of innocence, is generally considered an extraordinary measure. However, in the Mexican legal system, there is the figure of mandatory pre-trial detention, which is automatically ordered for any of the offenses listed in art. 19, para. 2 of the Mexican Constitution. This immediate application led the Inter-American Court of Human Rights to condemn the Mexican State for failing to comply with its international obligations under the American Convention on Human Rights. The objective of this work is to harmonize mandatory pre-trial detention with the criteria of the Inter-American Court based on the current configuration of the Mexican legal system. This will be possible by establishing the foundations of the proportionality analysis for this precautionary measure and explaining its structure. All this, through the tools developed by the dogmatics of fundamental rights.