Desnaturalización del Habeas Corpus y sus consecuencias.

Abstract

The present work focuses on highlighting the abuse and distortion of the Habeas Corpus jurisdictional guarantee in Ecuador, especially when used by individuals with a final convicting sentence, claiming a risk to their life and physical integrity. The origin, nature, and purpose of Habeas Corpus are addressed as a safeguard for the right to freedom for those unlawfully or arbitrarily detained. Freedom, recognized as a fundamental right in the Ecuadorian constitution and international treaties, underpins the creation of Habeas Corpus to prevent unjust deprivations and ensure a legal process. In the context of the prison and security crisis in Ecuador, marked by disturbances and deaths in penitentiary centers, the precarious situation in prisons is emphasized. This has led many inmates to use Habeas Corpus to regain freedom, distorting its original essence and purpose. The work delves into the corrective aspect of Habeas Corpus, exploring the meaning of the right to freedom as inherent to human condition. Case No. 24202-2022-00017T is analyzed, where the application of this guarantee was carried out abusively, causing a serious impact on the spirit and essence of the norm. Ultimately, the research aims to emphasize the importance of Habeas Corpus as a legal instrument to protect freedom, highlighting the need to preserve its integrity against undue manipulations, especially in a context of prison and violence crisis.