Delimitación del uso de la figura del habeas corpus como garantía jurisdiccional.

Abstract

This topic focuses on delimiting the use of habeas corpus as a jurisdictional guarantee. The thesis proposes that clear parameters must be established to prevent the abuse of this action in professional practice, and judges and legal professionals should comply with jurisprudential precedents set by the Constitutional Court to ensure the effectiveness of the guarantee in processes that serve its purpose. Additionally, it is suggested that the Ecuadorian State establish solutions through public policies to address the structural problems that limit the effective exercise of rights, particularly in the case of the prison crisis, where the penalty fails to reintegrate persons deprived of liberty into society. The intention is also to demonstrate the denaturalization of this concept and to refer to jurisprudential analysis in which the Constitutional Court has cited clear abuses of the habeas corpus figure.