La sentencia No. 253-20-JH/22 de la Corte Constitucional y la pertinencia de la extensión del hábeas corpus a favor de los animales.

The constitutional mutation has been a little studied subject by the academy due to the intricate nature of its doctrine. However, it is a very relevant issue for this area of law, since it is closely linked to topics such as fundamental legal interpretation, constitutional reform, etc. In this context, it was pertinent to carry out a legal study of Constitutional Court Ruling No. 253-20-JH/22, in order to determine both the mutation of habeas corpus by its extension in favor of animals and the denaturalization of its object. This was a basic, documentary, bibliographic and descriptive research. For this reason, the collection of information was carried out through related techniques and instruments, such as bibliographic systematization and bibliographic files. In the methodology, the descriptive, legal-doctrinal, legal-analytical, historical-logical and legal comparison methods were also used. Due to its characteristics, it was a socio-legal study, with a qualitative approach and a non-experimental design. Concluding that the extension of habeas corpus in favor of animals became an illegitimate mutation, since the modification of the normative content of the guarantee in question exceeded the elements that compose it. But, especially, that the aforementioned broadening of the protected subject caused the denaturalization of this constitutional action. This inasmuch as the elements or legal categories that constitute and condition its object were extended beyond the normative and jurisprudential limits.

• 主要作者: Buñay Tenemaza, Marcos Santiago (author)
• 格式: bachelorThesis
• 語言: spa
• 出版: 2023
• 主題: Mutación Constitucional; Contenido normativo; Hábeas Corpus; Categorías antropológicas; Desnaturalización
• 在線閱讀: http://dspace.unach.edu.ec/handle/51000/10401