Análisis jurídico de los alcances y límites de la figura del habeas corpus correctivo desde un enfoque de casos relevantes.

Abstract

This research consisted of analyzing the historical background of habeas corpus that has allowed the development and existence of the figure through a documentary investigation of Ecuadorian doctrine and jurisprudence to determine the parameters of the corrective subtype through a qualitative approach. Starting from the conception that the corrective habeas corpus is not expressly found in our regulations, and furthermore, there is no specific regulation; instead, jurisprudence has achieved this corrective subtype as a constitutional guarantee. From this, analyzing relevant cases with a corrective aim through the analytical method is necessary to establish the parameters. It was concluded that the relevant cases analyzed above demonstrate partial compliance with the parameters identified in the Constitution, Organic Law of Jurisdictional Guarantees and Constitutional Control, and Ecuadorian jurisprudence. Likewise, the importance of creating specific regulations that regulate the parameters and requirements of corrective habeas corpus is evident, ensuring that judges can correctly evaluate and analyze whether or not the habeas action is admissible without violating the rights of the people deprived of liberty.