Abstract

JIMENEZ MONTENEGRO, José Milton; IGLESIAS QUINTANA, Janneth Ximena; JIMENEZ IGLESIAS, Elvis Adrián  and  CANGAS ONA, Lola Ximena. The disconnection of the use of habeas corpus in the Ecuadorian legal context. Universidad y Sociedad [online]. 2023, vol.15, n.6, pp. 686-692.  Epub Dec 10, 2023. ISSN 2218-3620.

This research focuses on the study of Habeas Corpus in the context of the Ecuadorian legal system, considering it as a fundamental right and a jurisdictional guarantee, its application in the various procedural actions related to citizens deprived of liberty will be examined, analyzing how this institution has evolved in its actual application and if it has deviated from its original purpose of protecting against abuses to the liberty of persons initially, it was used to guarantee the violation and abuse of individual liberties, therefore a brief historical review will be made on its origin and the functions it has played in the different stages of development of society and law. In addition, a comparative analysis will be conducted with other legal systems in the region that present similarities in the types of states that recognize and admit Habeas Corpus. The object, scope of protection and procedural reality established in the legal provisions of each State that adopts and enshrines Habeas Corpus in its constitution, through its highest institutions of constitutional justice administration, will be analyzed. The study involves determining the true application of Habeas Corpus for the benefit of those individuals whose inherent rights to liberty have been violated, especially those who have not been prosecuted or convicted for the commission of a crime.

Keywords : Habeas Corpus application; Violation of rights; Liberty of persons; Comparative law analysis.