The Principle of Proportionality in the Prolongation of Pretrial Detention in Peru

Abstract

The present work aimed to describe the implications of the principle of proportionality in the extension of preventive detention in the judicial district of Lima. This study was a basic investigation with a qualitative, phenomenological approach, involving nine attorneys from the Lima prosecutor's office, including prosecutors, judges, and a public defender. Interviews were conducted with them, assessing the principle of proportionality through categories and subcategories, with questions aligned to the study's objectives. The interviewees concluded that it is important to evaluate according to the subprinciples of suitability, necessity, and strict proportionality, ensuring that its application is equitable and justified, considering the fundamental rights of personal liberty and the presumption of innocence.