El abuso del derecho a la libertad con la garantía jurisdiccional de Hábeas Corpus en el Ecuador.

Abstract

Freedom constitutes a fundamental right of people; therefore, being deprived of it in illegal situations, since they violate the autonomous attributes that must be recognized and protected by the State as subjective rights that emanate from human dignity and protect it. The ideal means for the person who has been illegally or arbitrarily deprived of their liberty is through Habeas Corpus, a remedy that from its beginnings has come to be an effective and rapid remedy, said remedy, from its beginnings, has meant an essential mechanism for the law and for the people, who were deprived of their liberty; since, with the presentation of this resource, it is sought that the person appear at the hearing and thus it can be determined if her detention of her complied with the parameters established within the law. The habeas corpus action is generated as a means of protecting personal liberty due to suffering some violation, its objective is to correct the illegality that can be generated in the deprivation of liberty of a person, the characteristic of this guarantee is the speed and effectiveness represented as an adequate and suitable way to avoid or remedy any arbitrariness or violation of personal freedom. With the validity of the new Constitution of the Republic of Ecuador approved in 2008, in Art. 86 numeral 2 mentions that through the knowledge and resolution of Habeas Corpus it is directed that the competent judge or judge is the one of the place where the act or omission is committed or where its effects are produced. However, this study presents a legal analysis of how in Ecuador this jurisdictional guarantee action is being illegitimately abused to benefit people with high political power.