La improcedente aplicación del Hábeas Corpus en el Sistema Judicial Ecuatoriano.

Abstract

Habeas Corpus represents a legal institution established as a jurisdictional guarantee, currently it has been used again as a judicial mechanism that grants freedom to persons who demonstrate that their detention or deprivation in some way violates a fundamental right such as health, for example, For this reason we have decided to make a detailed analysis of it, since this guarantee, in spite of being recognized as such in our constitution and in international human rights treaties, had been set aside and was not considered by judges because there was no justification to grant it, however in recent years we have noticed that requests for it have increased and at the same time it has been granted. For all the above reasons, this work invites the reader to formulate new mechanisms for the correct application of habeas corpus in Ecuador. For the realization of this work we have inquired in doctrinal and jurisprudential sources, as well as articles and magazines that have this content to provide an objective and quality document. We are convinced that it will be welcomed by students, law professionals and any researcher interested in issues related to this jurisdictional guarantee.