Habeas corpus preventivo como garantía del derecho a la libertad personal en el Marco Constitucional Ecuatoriano

Abstract

The present investigation has as its central object of study, habeas corpus in its preventive typology. Since the construction and entry into force of the Constitution of the Republic of Ecuador, in 2008, progress in terms of rights and guarantees is evident. Among the guarantees of rights, the constitutional action of habeas corpus has been the most exercised and, therefore, the most appreciated in jurisdictional activity. However, it can be seen that the doctrine that determines the scope of this guarantee is much broader than the very development of the norm that regulates it, both the Constitution and the Law of Jurisdictional Guarantees, and it is that the preventive function of habeas corpus, which does not seek to recover the freedom of people as was traditionally the case, but rather seeks to prevent an illegitimate deprivation of liberty from taking place, does not have a clear regulation in our country, which has made it difficult in practice for there to be uniformity and precision in the decisions of the judges who have substantiated them.