Hábeas corpus reparador como garantía del derecho a la libertad personal en el marco constitucional ecuatoriano

Abstract

The present investigation has been developed with the general objective of identifying the scope and development of the guarantee of habeas corpus in its reparative typology in the Ecuadorian constitutional system from the entry into force of the Constitution of the Republic in the year 2008. Within From the discussion, the concepts of the different forms of habeas corpus and their functionality in the case of the Ecuadorian state have been identified, but above all, the effectiveness of the guarantee in cases of arbitrary preventive detention has been discussed. During the analysis, several cases have been reviewed in which the judges have presented clear answers on the pretensions of freedom, precisely by questioning that the deprivation of freedom has been illegal, arbitrary or illegitimate. This form of habeas corpus, also known as restorative, has been very traditional, however, its evolution has been evidenced throughout the process of collecting information and analyzing it.