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The article aims to know the factors that determine the application of the practice of preventive detention in the state of Yucatan. Therefore, was analyzed the perceptions of the judges in relation to that phenomenon. At the international level, it has been determined that cases of pretrial detention in Mexico are not adequate in an accusatory system and in Yucatan, pretrial detention determinations have been increased during 2011 to 2016. The methodology used was qualitative phenomenological. In depth interviews were conducted and initial hearings were analyzed at the Mérida Oral Justice Center. According to the data collected, it was found that the Judges of Control in the state of Yucatan applied preventive detention to the defendants, assessing the principle of proportionality and suitability of the measure, mainly analyzing the type of crime and the root in the defendants in the case. Finally, the presumption of innocence is threatened and are needed more studies to avoid discriminatory practices of justice and favor a better balance between the victim and the accused.