Garantía de habeas corpus en segunda instancia, procedimiento con caso práctico.

Abstract

In the development of the topic Habeas Corpus Guarantees in the second instance, procedure with a practical case, it is motivated from the observance of the right exercised on the constitutional grounds because it is considered that they are not applied in accordance with the effectiveness of the supreme rule. In this regard, the main objective of this project is established in the Complexive Exam modality; analyze the consequences of not holding the hearing in second instance in the Habeas Corpus Guarantee, hence different situations have been carried out in which the execution of the hearing is not taken into account in second instance. In this sense, qualitative methodology was used, as an information collection technique, analysis, observation, filing and documentary review of practical cases and legal and doctrinal regulations related to the subject were used, the type of research is descriptive, the analytical method and as techniques. Regarding the results, it was possible to determine that in the three practical cases studied there is a violation of due process, specifically in the application of Habeas Corpus in the second instance in the oral hearing process, in which decisions are made without giving the opportunity to listen to the parties involved in the trial, thus violating constitutional rights and guarantees.