Medida coercitiva de la prisión preventiva y la vigilancia electrónica de los detenidos

The main objective of this research was to analyze whether electronic surveillance becomes an alternative to the excessive use of preventive detention against detainees. To do this, a deductive methodology with a qualitative approach, of the basic type and grounded theory design, was used, including the application of the interview and documentary guide, obtaining as a result that Law No. 29499, which introduced electronic surveillance as an alternative to preventive detention and other restrictive freedom measures that are highly aggressive, has established electronic monitoring as a fairly effective mechanism to reduce and counteract overcrowding in prisons and above all useful for those on trial who do not yet have a final sentence, concluding that this mechanism is reaffirmed as a legally valid and effective option against the excessive use of preventive detention since it is a less restrictive measure than temporary punitive sanctions: it allows maintaining adequate judicial control over the defendants without resorting to physical imprisonment.

Publication Details

Journal
Dialnet (Universidad de la Rioja)
Published
2025-01-01
Primary Topic
Diverse Scientific and Economic Studies
Type
article
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article

Medida coercitiva de la prisión preventiva y la vigilancia electrónica de los detenidos

Dialnet (Universidad de la Rioja)
Diverse Scientific and Economic Studies
article

Medida coercitiva de la prisión preventiva y la vigilancia electrónica de los detenidos

article en

Abstract

The main objective of this research was to analyze whether electronic surveillance becomes an alternative to the excessive use of preventive detention against detainees. To do this, a deductive methodology with a qualitative approach, of the basic type and grounded theory design, was used, including the application of the interview and documentary guide, obtaining as a result that Law No. 29499, which introduced electronic surveillance as an alternative to preventive detention and other restrictive freedom measures that are highly aggressive, has established electronic monitoring as a fairly effective mechanism to reduce and counteract overcrowding in prisons and above all useful for those on trial who do not yet have a final sentence, concluding that this mechanism is reaffirmed as a legally valid and effective option against the excessive use of preventive detention since it is a less restrictive measure than temporary punitive sanctions: it allows maintaining adequate judicial control over the defendants without resorting to physical imprisonment.

Dialnet (Universidad de la Rioja)
Peace, Justice and strong institutions
Openalex Percentile: Top 38%
Diverse Scientific and Economic Studies
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