La competencia en materia de la garantía constitucional de hábeas corpus.

Abstract

In the present investigation we will deal with the Competence in the matter of the Constitutional Guarantee of Habeas Corpus. The objective of the work consists of analyzing the admission of the Habeas Corpus Action by judges who lack jurisdiction due to their territorial circumscription or grade, since lately there has been a misinterpretation of the norm by the judges, leaving as such an open gap so that any person can interpose this jurisdictional guarantee. The habeas corpus is an instrument that allows, in essence, to restore the freedom that has been violated by a public institution. Ecuadorian legislation regulates it from its constitutional text, the Organic Law of Jurisdictional Guarantees and Constitutional Control and International Human Rights Treaties. In this sense, competence is conceived as the assignment given by means of a legal norm to a specific jurisdictional body to hear a specific set of claims of the jurisdiction, it functions only as a requirement of the process.