La efectividad de la aplicación de la sentencia No. 365-18-JH/21 de la corte constitucional del Ecuador en los casos de habeas corpus presentados en la ciudad de Portoviejo durante el año 2022.

Abstract

Within Ecuador, individuals deprived of liberty face constant violations of their rights within the penitentiary system. Ruling 365-18-JH/21 by the Constitutional Court expanded the scope of corrective habeas corpus application to safeguard their personal integrity. The critical situation within the Ecuadorian penitentiary system, characterized by ongoing human rights violations against individuals deprived of liberty, demanded effective responses from the judiciary. Ruling 365-18-JH/21 by the Constitutional Court marked a milestone by extending the application of corrective habeas corpus to protect the personal integrity of inmates. This qualitative, descriptive, and documentary study focused on analyzing Ruling 365-18-JH/21 and three habeas corpus cases using techniques such as content analysis, legal and historical interpretation. Obstacles to the effective implementation of Ruling 365-18-JH/21 were identified, such as limited understanding of its innovative scope by judicial operators. Consolidating the implementation of this ruling will require not only enhanced training but also consistent evidential support in legal proceedings to catalyze the protective potential of corrective habeas corpus in safeguarding the personal integrity of the incarcerated population.