Acerca de la justificación de la prisión preventiva y algunas críticas frecuentes
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This paper analyses the justification of the normative premise in judicial decisions applied to
preventive detention and examines some frequent criticisms. For this purpose, it firstly reconstructs
the dominant doctrinal conception of preventive detention, which some refer to as ‘precautionary
conception’. Further, it shows that the normative premises on which judges base their decisions
embrace this doctrinal conception, which is confirmed in a number of procedural arrangements that
in many other aspects are very heterogeneous. Subsequently, it presents some doctrinal criticisms
that claim the illegitimacy of this conception of preventive detention