Desnaturalización del hábeas corpus en el Ecuador.

Abstract

Ecuador is a constitutional state of rights, in accordance with the provisions of the first article of the Constitution of the Republic of Ecuador (2008), before it was a state of law, which means that the rule of law predominated, Judges had to strictly apply what was established in the law. Currently, being a constitutional state, the principles of law prevail, such as the principle of human dignity, legality, presumption of innocence, normative hierarchy, among others. By virtue of the fact that the Constitution recognizes various rights, those who are responsible for guaranteeing the fulfillment of these rights are the judges, when applying jurisdictional guarantees, such as the action of habeas corpus, which according to article 89 of the Constitution of the Republic of Ecuador (2008) contains a double objective: to recover the freedom of the person deprived of liberty who is deprived of it in an illegal, arbitrary or illegitimate manner and to protect the life and physical integrity of the person deprived of liberty, even if this deprivation has been been legal. The problem is that currently in practice habeas corpus is denatured, using this guarantee for other purposes and constituting an abuse of the right.