The legal obligations of the actionant regarding the implementation of preventive habeas corpus in Ecuador

Abstract

DOI: https://doi.org/10.46296/rc.v8i15.0310

The study aimed to analyze the legitimacy of preventive habeas corpus as a mechanism for protecting the right to liberty. The methodology carried out consists of a qualitative approach, employing the legal-dogmatic method of constitutional and legal norms. The selected research technique was bibliographic-documentary, which allows for the verification and interpretation of scholars’ criteria, an analysis by the Constitutional Court must be conducted to establish the procedure that justice administrators should consider for its application. This should take into account that new Judicial Units will handle protection actions exclusively. Therefore, the Constitutional Court, as the highest judicial body in the country, should issue a ruling regulating the judicial and interpretative criteria that judges must apply, to avoid litigation concerning this type of guarantee and thus protect the right to liberty and the associated rights of all Ecuadorians, in the face of possible violations where there is certainty that these rights are threatened. Thus, the legal issue proposed is the analysis of the viability of preventive habeas corpus in Ecuador, with the aim of protecting the right to ambulatory freedom of individualism who have not been deprived of their liberty, a right recognize in the Constitution. For this reason, the legal issue lies in fact that preventive habeas corpus, as such is not regulated in our legal system, which turns into a social issue, an also puts judges at risk of being dismissed from their positions for contemplating a rule that is not expressly stated thereby disregarding the principle of legality.

Keywords: Preventive habeas corpus; right to liberty; Constitutional Court.