ANALISIS DEL HÁBEAS CORPUS COMO GARANTIA CONSTITUCIONAL EN EL ECUADOR

Abstract

Through this academic article, a study was carried out based on the collection of information and opinions of different jurists who have set their sights on the Constitutional figure of Habeas Corpus, all this compendium of information was analyzed by executing a series of research techniques and procedures, focused on the criteria proposed in different academic articles and literary works that serve as a complement to the jurisprudence and doctrine of Habeas Corpus, a qualitative approach is superimposed whose cornerstone will be the data collected on this important jurisdictional guarantee that reigns in Ecuador as a measure to safeguard not only freedom, but also physical integrity and life, because in this case, the greatest result obtained in this work is to be certain of the positive functioning that Preventive Habeas Corpus would have if it were positivized in the Constitution of the Republic of Ecuador. In conclusion, this new figure of Preventive Habeas Corpus has given way to new possibilities to be able to protect fundamental rights such as Freedom and rights related to it, it has been shown that its implementation in the Ecuadorian Constitutional norm could end the uncertainty that occurs in the head of the jurists when encountering the presumed acceptance of this Tool by the judges.