Hábeas corpus correctivo, como garantía de protección de los derechos de los PPL en Ecuador: análisis de la Sentencia 39-21-JH/25.

Abstract

Corrective habeas corpus has become an increasingly significant constitucional remedy within the Ecuadorian legal system, as it protects the fundamental rights of persons deprived of liberty when those rights are violanted during the execution of a lawful custodial measure. This paper examines the scope of this constitutional guarantee through an analysis of Judgmant No. 39-21-JH/25 issued by the Constitutional Court of Ecuador, which establishes relevant standards for the protection of related rights such as life, health, personal integrity, and human dignity. The study reviesws the constitutional and legal framework governing habeas corpus, together with the evolution of Ecuadorian constitutional jurisprudence and the standards developed by the Inter-American Court of Human Rights concerning the protection of persons deprived of liberty. It also analyzes the State`s special duty of protection in the context of Ecudor`s prison crisis, marked by overcrowding, violence, and deficiencies in access to healthcare. The paper concludes that corrective habeas corpus represents an essential constitutional mechanism for preventing and remedying violations of fundamental rights within correctional facilities. However, its effectiveness ultimately depends not only on constitutional doctrine but also an the timely enforcement of judicial decisions by authorities.