The abuse of constitutional right and its impact on jurisdictional guarantees, in the application of habeas corpus in Ecuador

Abstract

The importance of the study of the abuse of constitutional law, its impact on jurisdictional guarantees and application in habeas corpus, arose when examining habeas corpus, as a constitutional guarantee, inclined to protect the generally physical freedom of people, it has been falsified in its spirit. by some legal professionals who have abused this legal institution within Ecuador, so the doctrinal and legal basis within the Constitutional matter will be clarified. As such, the research work was developed in four chapters for a complete and thorough theoretical study. Habeas corpus is a jurisdictional guarantee, the purpose of which is designed to protect personal freedom and guarantee that no one is arbitrarily or illegally deprived of it. However, there is growing concern in society and the legal community about the possible misuse of this resource. Different cases have been observed where habeas corpus has been used for inappropriate purposes, such as delaying trials or using it as a strategy to evade legal responsibilities. A critical analysis of the institution of Habeas Corpus is carried out in relation to and the impact on the right to life and physical integrity, due to the denaturalization and excessive application (Constitutional Court, 2022), of this guarantee within our Ecuadorian legal system. The sample was made up of 58 participants, including legal professionals and employees of the Judiciary Council, according to the results obtained in the five questions; This way, its importance, current knowledge and the purpose that motivated its study were established.