Análisis sobre la aplicación de hábeas corpus frente a la medida cautelar prisión privativa arbitraria

Abstract

This research analyzes the relationship between pretrial detention as a precautionary measure and habeas corpus as a jurisdictional guarantee within the framework of the Ecuadorian legal system. Pretrial detention is conceived as a procedural instrument to ensure the defendant’s presence in the criminal process; however, in Ecuador, its application has shown flaws such as arbitrary, illegitimate, and illegal detentions, violating fundamental rights, including freedom. On the other hand, habeas corpus is an essential constitutional guarantee to protect personal freedom against abuses in the application of pretrial detention. Through the study of provisions such as Article 534 of the Comprehensive Organic Criminal Code and Articles 77 and 89 of the Constitution, as well as rulings of the Constitutional Court, the need to respect principles such as exceptionality, proportionality and motivation in restrictions on freedom has become evident. These regulations strengthen the Ecuadorian legal framework, promoting a balance between the protection of individual rights and the purposes of the penal system. The study concludes that, far from being contradictory, pretrial detention and habeas corpus are complementary. The former, as a precautionary measure, seeks to ensure the defendant’s presence in the criminal process, while the latter protects the prevalence of the constitutional right, freedom against possible illegitimate, illegal, or arbitrary violations. This interaction strengthens the protection of fundamental rights and legal security in Ecuador, reaffirming the commitment to a fair penal system that respects constitutional principles.