Reconocimiento del habeas corpus preventivo a partir del bloque de constitucionalidad en Ecuador

Abstract

This work studied the relationship between the institution of preventive habeas corpus and the constitutional block, based on the constitutional State of rights framework that aims to protect people's freedom, life, and integrity; thus, this research is premised on the qualitative approach; moreover, this study was conducted through inductive, deductive, synthetic, analytical, dogmatic comparative and historical-logical methods. On the other hand, the bibliographic review techniques and appropriate files were employed for the problem posed. In conclusion, it was theoretically justified that preventive habeas corpus, founded on the constitutional block, is implicitly but not expressly recognized in Ecuador. Additionally, the express recognition of the preventive habeas corpus action in the current legislation is suggested to guarantee that the person's freedom of movement, life, and integrity rights are not threatened in any judicial case.