Vulneración del derecho a la integridad personal dentro del sistema de rehabilitación social: análisis del caso 484-20-JH de la Corte Constitucional

Abstract

In the context of the current penitentiary crisis in Ecuador, characterized by repeated violations of the human rights of individuals deprived of liberty, a particular infringement of personal integrity has been observed within the National System of Social Rehabilitation. This infringement manifests through acts involving physical, psychological, and sexual aggressions. The present graduation thesis aims to shed light on this issue through the analysis of the jurisprudential case 484-20-JH, issued by the Ecuadorian Constitutional Court. The primary objective of this research is to evaluate the structural remedies established in the judgment, which seek to address the systematic violation of the right to personal integrity. To carry out this analysis, a mixed methodology is adopted, combining descriptive and comparative approaches. The use of documentary, jurisprudential, and bibliographic analysis strategies is employed to explore various perspectives and similarities present in doctrine and jurisprudence, aiming to assimilate the case and its context more easily. Additionally, this investigation incorporates jurisprudential dogmatics into its theoretical framework, providing a solid conceptual basis that underpins the analysis of the legal case. Finally, it is expected that this analysis will significantly contribute to the understanding of the right to personal integrity of individuals deprived of liberty, emphasizing the urgent need to implement effective measures to remedy existing deficiencies in the penitentiary system.