Análisis del habeas corpus con respecto a la privación de la libertad por particulares, en sentencias y jurisprudencia emitida por la Corte Constitucional

Abstract

This work is the result of a qualitative research focused on determining the effectiveness of the normative criteria used by the Constitutional Court of Ecuador in the issuance of judgments in cases of Habeas Corpus for deprivation of liberty by private individuals. It is structured in three sections. The first phase of this study analyzes the normative content of Habeas Corpus in Ecuadorian legislation as a right, action and guarantee, as well as the structure, competence and functioning of the Constitutional Court as an autonomous body whose main functions include the control, interpretation and administration of constitutional justice, for the effective protection of rights and guarantees established in the constitution. Finally, a theoretical study of the efficiency, efficacy and effectiveness of the legal norm of Habeas Corpus in Ecuador is made within the sentence No. 166-JH/20 issued by the Constitutional Court which develops rights and binding jurisprudence.