El abuso del habeas corpus para evadir la prisión preventiva en Ecuador : análisis y propuesta de reforma legal.

Abstract

This research examines the abuse of habeas corpus as a means to evade preventive detention in the Ecuadorian legal system. Although habeas corpus is an essential safeguard to protect individual liberties from unlawful detention, its misuse has created significant challenges in the administration of justice. The study will analyze the current legal framework, including the corresponding article of the constitution of the Republic of Ecuador, highlighting the mechanisms by which individuals accused of serious crimes incur procedural irregularities and legal loopholes to avoid prison. Through the analysis of case 1387-22-EP in which legal and procedural gaps are identified. In response to these challenges, the work proposes a constitutional reform of the article that regulates habeas corpus, with the aim of improving its application and avoiding its misuse. At the same time, it includes specific modifications to close legal loopholes, strengthen the guarantees and explanation of the types of habeas corpus, ensuring that habeas corpus continues to be an effective tool for the protection of fundamental rights without allowing its exploitation to evade justice. The investigation concludes with recommendations for the implementation of the proposed reforms.