Uso indebido del habeas corpus correctivo en el sistema judicial ecuatoriano. Antecedentes, definiciones y propuesta de solución jurídica.

Abstract

The degree work presents the improper use of the institutionalism of the corrective habeas corpus as an argument of the Ecuadorian legal system, including the exploration of the guarantee of this and its repercussions in the protection of human rights. The fundamental objective is to identify the causes and effects of the distortion of the corrective habeas corpus, which is modified through the manipulation of acts, and said behaviorism of the justice operators due to irregularities of different kinds, in the case of Trial No. 11282- 2023-00418, of the Criminal Judicial Unit with headquarters in the Canton, Loja, Province of Loja. The qualitative methodology based on documentary and bibliographic analysis was used to analyze how corrective habeas corpus has gone from being a defense mechanism against arbitrary detention or against inhumane or humiliating conditions of detainees to being an instrument of misuse in judicial processes or the exploitation of legal loopholes. The result is that the Constitution of the Republic of Ecuador typifies corrective habeas corpus; undoubtedly, the success of the application experiences a huge material setback due to the misuse, corruption and poor independence of the judiciary, which make its effectiveness insufficient, while increasing the already existing saturation of the courts. In other words, the violation of corrective habeas corpus leaves citizens defenseless in terms of the erosion of their environment and undermines credibility in the legal framework. Therefore, the work establishes clear protocols regarding the reasonable use of corrective habeas corpus and, furthermore, the safeguarding of human rights in Ecuador.