Abuso del habeas corpus como mecanismo jurisdiccional en la situación carcelaria actual.

Abstract

Habeas Corpus, has its roots in Roman law with the interdict “Homine Libero Exhibendo” until its consolidation in English Common Law, it has been adapted and developed globally in various legal systems; In the Ecuadorian context, this resource has experienced a significant evolution that reflects both advances and challenges in the protection of human rights. The general objective of this study is to analyze how the abuse of Habeas Corpus affects the jurisdictional mechanism of the current prison system in Ecuador, for which research with a qualitative approach, descriptive typology, strengthened by documentary and bibliographic methods supported by the literature review technique. The results of this research reveal that there is a relationship between legislation, Ecuadorian constitutional jurisprudence and the Habeas Corpus resource from its integration into the Constitution of 1929 and the successive reforms until the Montecristi Constitution of 2008, whose guarantee depends of efficient implementation of judicial authorities; The causes that influence the abuse of Habeas Corpus are related to judicial congestion, corruption, independence and judicial training. Concluding that the infallibility of Habeas Corpus is conditioned by the capacity of the judicial authorities to apply it, deficiencies in its use exacerbate a prison crisis, congestion and deterioration of the penitentiary system.