El abuso de la acción de Habeas Corpus en el sistema judicial ecuatoriano.

Abstract

The research focuses on the analysis of habeas corpus and its abuse within the Ecuadorian Judicial System, taking as a reference what is stipulated in Article 89 of the Constitution of the Republic of Ecuador (2008) regarding the purpose of the habeas corpus action. This article states that any person may regain their freedom if they have been deprived of it illegally, arbitrarily, or illegitimately by order of public authority or any person. In reality, the habeas corpus petition does not fulfill its legal purpose, as judges have abused it by attempting to release the accused, which has distorted this law. This research adopts a qualitative approach centered on bibliographic and documentary information methods. Data obtained from normative and non-normative sources will be analyzed, focusing on Article 89 of the Constitution of the Republic of Ecuador (year) and Article 43 of the Organic Law of Jurisdictional Guarantees and Constitutional Control (year), in relation to the abuse of habeas corpus in Ecuador. The misuse of the habeas corpus action in the Ecuadorian Judicial System has emerged as a legal instrument, designed to support individual rights, where it is often incorrectly used. It has been observed that people resort to habeas corpus requests without any backing, which consequently leads to an overload in the judicial system and weakens its primary function of guaranteeing personal freedom against arbitrary detentions.