This research analyses the problems of the application of pretrial detention in Mexico, recognized by Article 19 of the Constitution, which orders judges to automatically apply this precautionary measure, without prior debate and in flagrant violation of the presumption of innocence and the right to equality before the law. Additionally, we address the existing contradiction between what is established in the constitutional framework and the conventional perspective, analysing its significance, the evidentiary standard and the applicability of the proportionality test as a measure to counteract the negative effects of unrestricted obedience to the constitutional mandate.
