Análisis de las Consecuencias Jurídicas por la inadecuada aplicación del Hábeas Corpus en el Estado Ecuatoriano

Abstract

This research analyzed in detail the legal consequences of the misuse of habeas corpus in the Ecuadorian State, with an emphasis on the distortion of its constitutional purpose and the effects this causes. Through a qualitative, descriptive, and documentary approach, judgments issued by the Constitutional Court were reviewed, as well as paradigmatic cases in the public domain, such as that of Jorge Glas, identifying how this guarantee was improperly used to evade final judgments, delay judicial proceedings, or even modify legitimate criminal decisions. The findings clearly demonstrated that the problem did not lie in the current regulations, but rather in the actions of certain judges and lawyers, which had serious repercussions on the principle of legality, legal certainty, res judicata, and confidence in the judicial system. In conclusion, it was necessary to strengthen the technical, responsible, and consistent application of habeas corpus to prevent its distortions. Keywords: Denaturalization, Impunity, Legality, Guarantee, Distortion