Habeas corpus, abuso de la garantía jurisdiccional frente a la realidad del sistema penitenciario.

Abstract

The purpose for which Habeas Corpus action was created, was the compliance of the guarantee of protection of life and physical integrity of persons deprived of liberty, who are part of the priority attention groups by express constitutional provision; however, the care system for people in prison is going through a hard time, in response of the growing internal violence, the same that turns into constant prison massacres, murders and attacks between the various criminal gangs that -in reality- hold internal power, often above the State itself; creating a parallel reality to the one written by the legislator in the Magna Carta Liber Tatum best known as Magna Carta. In this context, Habeas Corpus is presented as an option to guarantee the well-being of the person deprived of liberty, due to the lack of response from the prison administration, generating the use and abuse of the jurisdictional guarantee due to ineffectiveness of the national prison system.