Examinando por Autor "Cayamcela Sacoto, Pierre Israel"
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- ÍtemSolo MetadatosAnálisis del Hábeas Corpus correctivo y traslativo en la normativa ecuatoriana en relación al derecho a la integridad de las personas privadas de libertad(Universidad Católica de Cuenca., 2023) Patiño Patiño, Juan Anthonny.; Cayamcela Sacoto, Pierre Israel; Vallejo Cárdenas, Paola Priscila; 0105904916; 0302354113In this research we analyzed the Habeas Corpus action and the subtypes of this figure, focusing especially on the corrective and translational subtypes, based on the different doctrinal concepts that have influenced the scope of this guarantee adapting to the new legal realities of our country, also as demonstrated, not only aims to ensure the freedom of persons deprived of liberty, but also protects their personal integrity and even their life, likewise the Constitutional Court of Ecuador in its judgment No. 365-18-JH/21 and accumulated pointed out the scope of this guarantee for the protection of the integrity of persons deprived of liberty against cruel, violent, inhuman or degrading acts, and the protection of the rights of persons deprived of liberty against cruel, violent, inhuman or degrading acts. Similarly, the Constitutional Court of Ecuador in its judgment No. 365-18-JH/21 and accumulated pointed out the scope of this guarantee for the protection of the integrity of persons deprived of liberty against cruel, violent, inhuman or degrading acts. In general it is presented as a jurisdictional guarantee positivized in the Constitution of the Republic in Art. 89 and in the Organic Law of Jurisdictional Guarantees and Constitutional Control in its Art. 43, through an analysis it could be evidenced that the lack of knowledge on the part of the lawyers as well as the operators of justice about this legal figure results in a violation of the rights of persons deprived of liberty, through the methods used by means of a qualitative, exploratory and analytical approach. Likewise, it was demonstrated that it is possible according to Ecuadorian legislation to make use of the translational and corrective Habeas Corpus, using them as legal instruments that seek to safeguard the personal integrity and human rights of persons deprived of liberty.