Preventive Prison as the Last Ratio

Abstract

There are many debates that arise in relation to the deterrent, social and even rehabilitative utility of pretrial detention. This work starts from the assumption that it should be used as a last ratio and not prima facie as it currently happens, by virtue of the fact that it has no preventive or rehabilitative function in the commission of crimes and, on the contrary, it sometimes causes irreparable harm, particularly in the case of primary offenders. Legal hermeneutics and epistemology are used as research methods and as the main technique for the review of specialized literature and statistics that allow confirming the hypothesis and reaching valid conclusions.