El Hábeas Corpus correctivo como Garantía Jurisdiccional para evitar los tratos crueles e inhumanos en las personas privadas de la libertad
In this academic work, a legal, doctrinal and critical study of Habeas Corpus as a jurisdictional guarantee is carried out, which among its broad legal and traditional content is applicable to protect the freedom of those individuals who have been deprived of it by other people in an arbitrary, ille...
Furkejuvvon:
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| Materiálatiipa: | bachelorThesis |
| Giella: | spa |
| Almmustuhtton: |
2021
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| Fáttát: | |
| Liŋkkat: | http://dspace.unach.edu.ec/handle/51000/7302 |
| Fáddágilkorat: |
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Lasit fáddágilkoriid | Čoahkkáigeassu: | In this academic work, a legal, doctrinal and critical study of Habeas Corpus as a jurisdictional guarantee is carried out, which among its broad legal and traditional content is applicable to protect the freedom of those individuals who have been deprived of it by other people in an arbitrary, illegal or illegitimate way. Ecuador from the year 1929 had a great impact on the reality of the fundamental rights of the Ecuadorian people, it is in this context where Habeas Corpus is incorporated for the first time as a defense mechanism against the deprivation of liberty, and as time goes by, it evolves and the doctrine provides it with a broader meaning of protection to life, personal, physical and psychological integrity of persons deprived of liberty within social rehabilitation centers is also defended by this legal apparatus when the conditions under which the sentences are served are not adequate. Corrective habeas corpus as a legal institution is not directly contemplated in the current constitution of the Republic of Ecuador, nor in the organic law of jurisdictional guarantees and constitutional control, however, in other neighboring laws such as the one from Peru, the sentences issued recognize several existing modalities of Habeas Corpus, and the Corrective type is adapted to the purpose of article 43 N4 of the Organic Law of jurisdictional guarantees and constitutional control, protecting the rights of the prison population as a priority care group and ratifying the commitment that the state has in responding for the actions or omissions of its servers that violate the rights of persons deprived of liberty. In this sense, the efficacy of corrective habeas corpus to protect the rights of persons deprived of liberty is determined. |
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