La desnaturalización de la acción de hábeas data : su impacto en el derecho a la propiedad.

Abstract

Habeas data, created to protect personal information, can generate tensions with other fundamental rights as legal certainty when applied improperly outside its scope of application. This distorted use directly affects the right to property. The purpose of this essay is to analyze the possible distortion of the jurisdictional gua rantee of habeas data and its impact on the right to property within the Ecuadorian legal context, based on the study of a specific case in which an attempt was made to use this action to cancel registry entries linked to previously registered property tit les. The methodology applied to this essay is qualitative and dogmatic in nature, based on an analysis of norms, doctrine, and jurisprudence, complemented by a critical study of the selected case. This analysis made it possible to identify how the jurisdic tional guarantee was used in the case analyzed to alter property records, rendering the transfer of legitimate property titles ineffective and affecting the right to property itself. It is concluded that the case analyzed shows possible misuse of this juri sdictional guarantee, contrary to its original purpose, a fact that highlights the need for a restrictive interpretation in accordance with its legal nature, especially when its exercise may affect disputes relating to property rights.