Habeas corpus preventivo y su necesidad de inserción en la legislación ecuatoriana

Abstract

Preventive habeas corpus is conceived as a constitutional guarantee aimed at anticipating the violation of the right to personal liberty in the face of real and imminent threats. Its absence in Ecuadorian legislation creates a gap that weakens the effective protection of rights, forcing judges to resort to extensive interpretations to compensate for this deficiency. Although the Constitutional Court has mentioned this mechanism in one of its judgments, it has not developed criteria supporting its recognition as a constitutional guarantee. This omission highlights the need to expressly incorporate it, especially when corrective and restorative measures prove insufficient in the face of pre-detention threats prior to detention. Comparative experience in Argentina and Peru demonstrates the feasibility and relevance of its application. Therefore, it is essential to define this guarantee within constitutional parameters that ensure the effective protection of freedom and strengthen the protective nature of the State. Keywords: preventive habeas corpus, rights, personal freedom, purposes