El habeas corpus frente a la realidad del sistema penitenciario en el Ecuador

Abstract

The present work has as general objective: To analyze the practical application of the jurisdictional guarantee of habeas corpus in Ecuador, based on the legally conceived parameters, both in the Constitution of the Republic, and in the Organic Law of Jurisdictional Guarantees and Constitutional Control. For this, the concept of personal freedom will be identified, which will help the development of the corresponding sub-topics, the conceptions given by the international doctrine are also analyzed, which will be very helpful to be able to compare with the national doctrine and then verify if the cases that have been resolved by the Inter-American Court of Human Rights in Ecuador, have issued their resolutions in coherence with the legally established content and the conception that exists about what habeas corpus is. The work contains specific cases of the national territory where habeas corpus was applied, and it is verified if the cases raised do not have any anomaly or circumstance that could cause them to fall into violations of the precepts established by law. The research approach used is qualitative, based on methods such as historical-logical, analytical-synthetic and inductive.