El Hábeas Corpus correctivo como mecanismo de protección de los derechos de las personas de grupos de atención prioritaria: alcances y desafíos en su aplicación

Abstract

The research addressed the problem of the gap between the jurisprudential development of corrective habeas corpus in Ecuador and its practical application. The effectiveness of this guarantee was analyzed to protect the rights to health, integrity and life of people deprived of liberty who belong to priority care groups, therefore, they are in a condition of double vulnerability, evidencing serious deficiencies such as the non-application of precedents, procedural delay and the distortion of the guarantee. The general objective was to evaluate the way in which the corrective habeas corpus guaranteed the protection of the rights of people with disabilities deprived of liberty in Ecuador. The research was developed under a qualitative approach, with a descriptive and analytical design, through the study of the regulatory framework, relevant constitutional jurisprudence and the analysis of habeas corpus sentences in the Cuenca canton, between January 2024 and June 2025. The results showed a scarce and unequal application of the mandatory constitutional precedents, as well as repeated delays in the processing of the guarantee, thus affecting legal certainty and effective judicial protection. It was concluded that, despite the jurisprudential advances, the corrective habeas corpus faces serious challenges for its full effectiveness, being necessary reforms aimed at the strict application of constitutional precedents.