Garantías jurisdiccionales: ¿abuso del derecho o derecho ilimitado? Análisis del caso Jorge Glas.

Abstract

This scientific article aims to analyze ruling No. 98-23-JH/23, issued by the Constitutional Court of Ecuador. Based on this analysis, the intention is to determine whether the former Vice President of the Republic of Ecuador, Jorge Glas Espinel, abused the right to file several Habeas Corpus actions, claiming that his rights were violated, or conversely, whether the judges of the Constitutional Court made an erroneous interpretation of the current regulations in Ecuador. To achieve the described objective, the spirit of the jurisdictional guarantee of Habeas Corpus will be analyzed, from its creation to its incorporation into Ecuadorian legislation, as well as its application and limits. Consequently, the concept of abuse of rights will be defined to understand its implications and how the Court links these criteria to its decision; finally, it will be examined whether there is any regulation that limits the possibility for a person to file a jurisdictional guarantee when their rights are violated.