La reparación integral en los casos de afectaciones colectivas a los derechos de las personas privadas de la libertad

Abstract

The central object of this research is habeas corpus in its collective form of exercise. The main objective pursued was to determine whether the current regulations that regulate the jurisdictional guarantee of habeas corpus, allow an adequate exercise of it, when it comes to cases of collective impact on the rights of persons deprived of liberty. Although habeas corpus has long been recognized in the Ecuadorian state as an effective figure to fight against state power, arbitrary, illegal or illegitimate detentions, currently at both the regional and national level, other expressions of the guarantee, which allow a broader exercise of it, of course, always around the right to personal freedom. Traditionally, habeas corpus was identified as an individual remedy, so that anyone who believed that their personal freedom had been affected could initiate an action seeking reparation; However, at present, it is very important to discuss the possibility that violations of the rights of those deprived of liberty be discussed in a habeas corpus hearing, not with a view to recovering their freedom, but rather with the intention to improve the conditions of his detention.