El hábeas corpus correctivo en el Ecuador como garantía constitucional para las personas privadas de la libertad : análisis de la sentencian N° 365-18-JH/21 de la Corte Constitucional del Ecuador.

Abstract

The present study entitled corrective habeas corpus in Ecuador as a constitutional guarantee for persons deprived of liberty: Analysis of judgment No. 365-18-JH / 21 of the Constitutional Court of Ecuador, has the fundamental objective of analyzing this action by Starting from the identification of habeas corpus from the doctrine as a jurisdictional guarantee in Ecuador, state the elements of corrective habeas corpus found in No. 365-18-JH / 21 of the Constitutional Court of Ecuador to finally define it. The study is an investigation with a qualitative, bibliographic and documentary approach with a descriptive level that starts from the theoretical, doctrinal and jurisprudential deepening. Among the conclusions, they highlight that this constitutional action is used to respond to events that aggravate the conditions of detention in the framework of a deprivation of liberty and that the Ecuadorian legal system does not consider solutions for the illegitimate aggravation of the form and conditions in which deprivation of liberty is carried out in the prison system. Finally, it is recommended to humanize the treatment of those deprived of liberty within the framework of fundamental human rights and with it a constitutional and legal reform aimed at introducing Habeas Corpus in the corrective modality.