La acción de habeas corpus preventivo en el sistema constitucional ecuatoriano, el vacío legal y su interpretación judicial.

Abstract

This academic research work seeks to carry out an analysis regarding the law and action of Habeas Corpus; from the historical perspective of the institution, to the theoretical concepts included in it. And, as the social advancement and rights affects its operation. Preventive Habeas Corpus, a novel concept for the Ecuadorian law, as a mechanism for the protection of rights against threats to them, is a controversial figure within the national jurisdictional system, since the resolution according to this way of materializing the claim has been contradictory. Habeas Corpus action. In this sense, in this academic learning, what is inherent to the rights of liberty, life and physical integrity has been reviewed, in order to try to avoid, not only the effective violation of a reparatory nature, but also the threat to these pre-named rights. Thus, they validate the need to accept, in pursuit of the progress of rights, the action of Preventive Habeas Corpus in the Ecuadorian legal system.