El abuso en la competencia territorial del Habeas Corpus.

Abstract

This work will focus on evidencing the overreach and distortion of Habeas Corpus in Ecuador, especially when people deprived of their liberty with a final conviction, alleging imminent risk to their life and physical integrity. We will cover the birth, essence and objective of Habeas Corpus as a jurisdictional action that seeks the right to freedom of those imprisoned illegally or arbitrarily. Freedom, a fundamental principle in the Ecuadorian constitution and international treaties, supports the birth of Habeas Corpus to prevent illegitimate deprivations and guarantee due process. Within the framework of the prison and security crisis in Ecuador, with riots and deaths in prisons, the precarious situation in prisons stands out. This has led inmates to use Habeas Corpus to regain their freedom, losing its essence and original purpose. The work delves into the corrective modality of Habeas Corpus, exploring the meaning of the right to freedom as inherent to humans. Case No. 98-23-JH and accumulated cases are analyzed, where the application of this guarantee was carried out in an unjustified manner, which in turn generated doubts about the jurisdiction of its application, and also caused a serious impact on the spirit and essence. of the norm. Ultimately, it seeks to highlight the importance of Habeas Corpus as a legal instrument to protect freedom, highlighting the need to preserve its integrity against improper manipulations, especially in a context of prison crisis and violent deaths.