The excessive use of pretrial detention in the province of Huancavelica: an analysis from the perspective of criminal guarantees and fundamental rights

Abstract

This study analyzes the excessive use of pretrial detention in the province of Huancavelica within the Peruvian criminal justice system, focusing on the transformation of an exceptional precautionary measure into a recurrent practice.

The objective of this study is to examine how the disproportionate application of pretrial detention undermines the presumption of innocence and other criminal procedural guarantees, particularly in contexts marked by structural deficiencies, institutional precariousness, and limited access to legal defense.

The research reviews the national legal framework, relevant jurisprudence, plenary agreements, and institutional reports related to the penitentiary system. From a criminal guarantees and human rights perspective, the structural causes and legal and social consequences of excessive pretrial detention are identified.

Finally, the study proposes recommendations aimed at strengthening judicial oversight, promoting alternative measures, and ensuring compliance with constitutional and Inter-American human rights standards.