El is to argue that the proportionality test and the proper reasoning of tax rulings should be considered as a rule, and imprisonment as the exception, which will be based on a unified inter-American legal standard based on a conventionality review, which will raise the scale required for the imposition of a pre-trial detention mandate in accordance with the provisions of the American Convention on Human Rights. First, an understanding of the situation facing pre-trial detention in the American region will be provided; subsequently, each of the cases decided by the Inter-American Court of Human Rights will be outlined with regard to the abovementioned topic and the main legal bases which, on the basis of a consistent interpretation, will be analysed and consistent with Articles 268, 269 and 270 of the Peruvian Code of Criminal Procedure and the most important case-law issued by the Peruvian high courts, in order, finally, to carry out a thorough analysis of the proposed rules which, although of independent importance as legal institutions, will create a strengthened protective state.