Browsing by Author "Ramos Rimarachin, Zoila"

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    Análisis del caso 24202-2022-00017T de hábeas corpus interpuesto en nombre de Jorge David Glas Espinel
    (Universidad de Cuenca, 2023-09-19) Ramos Rimarachin, Zoila; Valverde Orellana, Pablo Fernando
    The purpose of this paper is to analyze the case 24202-2022-00017T of habeas corpus filed on behalf of Jorge David Glas Espinel, which was granted in first instance by the Unidad Judicial Multicompetente based in Manglaralto, in the province of Santa Elena, ordering the immediate release of Ing. Glas without opposition from the SNAI and without the PGE, who later appealed, carrying out a new discussion in second instance, in which the existence of an inexcusable error was declared, as well as the annulment of all proceedings due to territorial incompetence and violation of the right to defense of the PGE. The case under analysis not only generated big controversy and social interest, since many considered the judge's actions questionable, but also discussions in the legal field, which will be addressed in the present investigation, focused on the application and scope of the rule of competence, the extension of passive legitimation and the effects of corrective habeas corpus, through a bibliographical investigation complemented with interviews with experts in the field, all of which allows a qualitative analysis of the case.