Protection of the Habeas Corpus Action in Ecuador

Abstract

The action of Habeas Corpus is a fundamental constitutional guarantee for the protection of individual freedom against arbitrary or illegal detentions. In Ecuador, its regulation is established in the 2008 Constitution and the Organic Law of Jurisdictional Guarantees and Constitutional Control. This article examines the historical development of Habeas Corpus in Ecuador, its current legal framework, and its application in national and international jurisprudence. Previous studies that highlight the evolution of the mechanism in the region and identify deficiencies in its implementation are analyzed. Additionally, case studies in which the Constitutional Court and international organizations have intervened to guarantee respect for this right are presented. Using a comparative approach, successful experiences from other countries in applying Habeas Corpus are reviewed, and strategies to strengthen its effectiveness in Ecuador are proposed. Among the recommendations are the continuous training of judges and lawyers, the use of technological tools to digitize processes, and the implementation of audit mechanisms to supervise compliance with judicial decisions. The research concludes that despite being a key tool for protecting fundamental rights, Habeas Corpus requires structural reforms and greater institutional willingness to ensure its effectiveness. Only through a strengthened judicial system and more agile processes can its effective protection be consolidated in Ecuador.