Eficacia del Hábeas Corpus en caso de personas adictas privadas de su libertad en la ciudad de Cuenca, a partir del año 2008

Abstract

Undoubtedly the biggest conquest of the man is the guarantee of its freedom, for which I think that as well as the freedom has been gaining area in the society, the constitutional and legal rights must have enough force to assure the effective tutelage of this right, for which it would be insane to think that the consecration and recognition of the freedom, he might insure himself without one being provided with the instruments and actions necessary for its complete fulfillment and respect, one of the effective measurements tending to the protection of the freedom of the human is the institution of the Habeas Corpus.

To the being a constitutional action which target is the protection of the right of the freedom, I think that it is the ideal mechanism for the recovery of the same one, when this one has been deprived in an illegal, arbitrary and illegitimate way, be already on the part of public authorities or for any person, not only in the so called jails but also in the Clinics or Centers of Rehabilitation that take the addictions dealing as an object to psychotropic substances, taking into consideration all these aspects that involve the Habeas corpus, I will establish the procedure, the beginning that must apply and make a detour to this most important constitutional action, in order to be able to deepen its study and grant him the importance that is deserved and especially to answer us to the question that was a motive of the development of the present monograph: is the Habeas corpus effective to recover the freedom in Centers of Rehabilitation ofAddictionsin our City of Cuenca?