Jurisprudencia y Ciencias Sociales
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Item La Garantía Constitucional de Hábeas Corpus; Caso Jorge Glas(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-21) Arguello Rosillo, Jhomyra Mishell; Vargas Villacrés, Borman RenánHabeas Corpus is a Constitutional Guarantee established in the supreme norm of the Ecuadorian legal system, whose importance lies in the immediate recovery of the freedom of a person who is deprived of it, provided that the procedure applied has been illegal, illegitimate or arbitrary. It is also executed in a scenario where the life or physical integrity of a person who is inside a penitentiary center is put at risk. However, in recent years its essence has been distorted and therefore, it has given way to an inadequate and excessive application. Therefore, the objective of this investigation is to carry out an analysis of both the procedure that was used in each of the Habeas Corpus legal actions presented in the “Jorge Glas” case, as well as the sentences issued by the corresponding judicial chambers and the revocations carried out by the State and thus, to determine whether there were irregularities within this specific case. For this purpose, this research applies a descriptive study, with the qualitative, analytical and synthetic method; therefore, it is immersed in the line of research on public policies, law and society. Thus, as a result, it has been determined that there are several distortable elements within the process of applying this constitutional guarantee, such as: the competence of judges, jurisdiction, requirements and regularization of the same. And because of this, this research concludes in the denaturalization of the right, since the actions proposed by Mr. Jorge Glas were resolved based on a criterion far removed from the object and nature of Habeas Corpus as a Constitutional Guarantee.Item La constitucionalización de los criterios de ilegalidad arbitrariedad e ilegitimidad y la acción de hábeas corpus en la jurisprudencia constitucional(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-11) Núñez Guerrero, Ritha de los Ángeles; Granizo Haro, Asdrúbal HomeroEcuador's Constitutional Court and the Inter-American Court of Human Rights, through their jurisprudence, they have contained three vital criteria when resolving the judicial guarantee habeas corpus: illegality, arbitrariness, and illegitimacy. These criteria must be applied by constitutional judges at the time of resolving habeas corpus. However, within the administration of constitutional justice, these are used as synonyms, this research seeks to analyze how these criteria are being applied, whether constitutional judges are taking into account the content that both the Constitutional Court has developed such as the Inter-American Court of Human Rights to resolve habeas corpus actions brought to its knowledge. On the contrary, they are resolved without taking into account the development established in the jurisprudence to provide content of illegality, arbitrariness, and illegitimacy. To accomplish this objective, the habeas corpus resolutions issued in 2019 by the Provincial Court of Tungurahua has been analyzed, evidencing the lack of application of homogeneous criteria on the legality, arbitrariness, and illegitimacy that the Constitutional Court and the Inter-American Court of Human Rights, have provided content through their jurisprudence, which, in the last term affects the constitutional justice.