La libertad personal como derecho fundamental garantizado por la acción constitucional de hábeas corpus en el Ecuador

Abstract

In the present work the results of the research carried out as part of the research project developed in the Technical University of Machala entitled "The integral reparation to the violations of rights in the judgments of jurisdictional guarantees of the Courts and Tribunals of Machala in the year 2016; These results are mainly due to the determination of the way in which the judges ordered comprehensive reparation in habeas corpus actions in which it was determined that there were effects on the freedom of the persons or other related rights. The investigation identified three judgments of twenty nine actions presented in 2016 that were declared in place, which were valued both in the factual facts of the discussion as well as in the basis of its operative part, obtaining as a result the determination that the judges Despite admitting the actions, that is, arriving at the conclusion that there was an affectation to freedom, they have not fully assumed their role as Constitutional Judges, by not declaring the violation of rights, without referring at least in their judgments to the integral reparation of rights, confusing this role with that they have when they assume ordinary jurisdiction.