Protecting freedom: hábeas corpus action and effective guardianship in Ecuador

Abstract

Jurisdictional guarantees, enshrined in the Constitution of the Republic of Ecuador and regulated by the Law on Jurisdictional Guarantees and Constitutional Control, include the right to habeas corpus, intended to protect the liberty of individuals when there is illegal, arbitrary, or illegitimate deprivation of liberty. This remedy is based on the principle of effective judicial protection, which guarantees access to justice and the defense of rights, requiring judges to adequately justify their decisions to ensure clarity and transparency in the process. Although its primary objective is the protection of physical liberty, it also encompasses related rights such as life and physical integrity, allowing for defense against abuses of power and ensuring that deprivations of liberty are carried out in accordance with the law and due process. Furthermore, principles such as the free nature of proceedings, the publicity of proceedings, and the impartiality of judges are essential to maintaining public confidence in the judicial system. The applicability of the principle of effective judicial protection to habeas corpus proceedings reinforces the constitutionality of rights in Ecuador, ensuring that justice is accessible and equitable, although its effectiveness depends on rigorous adherence to the constitutional principles that underpin it.