El Hábeas Corpus y los principios constitucionales, un estudio crítico en Ecuador.

Abstract

The 2022 crisis on Habeas Corpus as a protection action for persons deprived of liberty evidenced the lack of knowledge in the application of the international pro homine principle, which, closely related to constitutional principles, although it protects life, liberty and physical integrity, has generated in Ecuador a use and abuse of this resource; This legal crisis of when habeas corpus is applied or not is controversial in a guarantor state, determining existing gaps that make the law a dead letter and an inefficient practice in the multiple problems of the system. Analyzing Habeas Corpus and the constitutional principles, the ability or inability to use it consistently to the national reality in the criminal and prison system to ratify the action as the supreme guarantee of rights are arguments that reaffirm and strengthen the restriction of freedom arbitrarily, illegal and illegitimate or prolonged, but not those serving a sentence; the principle pro homine/personae/pro persona is affected in the direct execution of the hierarchy of international treaties with the norms of Ecuadorian legislation. It is concluded that legal malpractice enhances the fragility of the system, and that by modifying the conviction it impacts the constitutional principles of those affected and society, having to ensure the identification of trends in the development of the legal regulation of the procedure and the measure of use of habeas corpus, being necessary to reform Art. 44 and 45 of the Organic Law of Jurisdictional Guarantees and Constitutional Control.