Implementación del hábeas corpus correctivo en la legislación ecuatoriana.

Abstract

The goal of the present investigation is to demonstrate how the Habeas Corpus can be implemented in Ecuadorian Law. In order to accomplish that, a constitutional law analysis of the right and action of Habeas Corpus will be conducted from the institution’s historical perspective and will include any derived theoretical concepts. In the same way, advancement in all spheres of society will be discussed and its impact on its functioning will be examined. In light of the fact that the Corrective Habeas Corpus is not officially regulated as a type of Habeas Corpus in our legal system, notably in the Organic Law of Jurisdictional Guarantees, as a mechanism for the protection of rights, it is a unique and important concept for Ecuadorian legal legislation. It is a contentious figure in the national legal system since the resolution based on this method of actualizing the Habeas Corpus action has been inconclusive when it comes to the threat to them. In this view, everything relating to the constitutional rights protected by this legal institution will be addressed in the current titling process, in order to avoid all forms of violations of rights and assure their repair. As a result, there is a need to adapt the action of Corrective Habeas Corpus in the Ecuadorian judicial system in order improve rights.