Indeterminaciones y Desregulaciones Normativas y Jurisprudenciales de la Garantía de Hábeas Corpus Preventivo en Ecuador

Abstract

This study addresses the legal problem related to the normative and jurisprudential indeterminations and deregulations of preventive habeas corpus in Ecuador. This problem is centered on a normative indeterminacy and jurisprudential dispersion that affect the effectiveness of this constitutional guarantee. These tensions generate an emptying of the legal institution, due to the excess of jurisprudence and the dissociation of fundamental principles such as iura novit curia and the rule of stare decisis. In the Ecuadorian legal system, these jurisdictional complications hinder the correct application of preventive habeas corpus. Based on the analysis carried out, a normative codification that addresses both the substantive and procedural development of this figure is proposed as the main solution. This includes dogmatic updating and the creation of a specific procedure, with its own characteristics, to guarantee its effective implementation in the face of arbitrary and illegal acts. This approach seeks to strengthen the constitutional block and consolidate the protection of fundamental rights in the Ecuadorian legal system.
This article replicates the research carried out by León Guajardo and Tosa Caiza (2024), entitled: The normative and jurisprudential indeterminations and deregulations of preventive habeas corpus. – a proposal for modulatory codification for legal certainty.