Garantías jurisdiccionales y habeas corpus : violación del derecho a la libertad y seguridad jurídica al declarar la nulidad de la resolución que acepta oralmente la acción de Habeas Corpus, alegando falta de inmediación procesal al no existir sentencia por escrito.

Abstract

Ecuador, since the Constitution was enacted in 2008, went from being a social State of rights to a constitutional State of rights and justice, which implies that the State must submit the legal framework to the principles and rights that work within the Constitution, being this hierarchically superior to the laws, and the latter having to submit to a control of their validity. This also implies that the resolutions taken by the operators of justice must submit to the most effective exercise of constitutional rights, without excusing themselves indicating that this activity is difficult to comply with; determining this current as neo-constitutionalism. When within the constitutional action of Habeas Corpus; This being the constitutional guarantee for which it is intended to safeguard the freedom of those who are deprived of it, in an arbitrary, illegitimate or illegal way, as well as to protect the life and physical integrity of persons deprived of their liberty, once the hearing by which it is resolved to order the freedom of the plaintiff for having verified the violation of the alleged right, at present the hearing is being rendered ineffective and consequently the declaration of the violation of the right of the plaintiff, in the event that no this resolution can be reduced in writing, arguing that procedural principles such as procedural immediacy are above the right to freedom and the right to physical integrity. This situation has been possible to place; even though constitutional rights and guarantees are direct and of immediate application, since there is no express norm concerning this legal hypothesis. Therefore, this work, through a legal analysis of the constitutional and legal regulations in force, as well as constitutional precepts and binding judgments of the Constitutional Court, will seek to fill the legal vacuum.