Preferencias académicas de los estudiantes de la Carrera de Derecho y su vinculación con los Objetivos de Desarrollo Sostenible a través del estudio de sentencias

Abstract

Abstract: The review sentence, within the framework of a habeas corpus action, the Court ruled on how the constitutional judge should proceed in the absence of the person allegedly deprived of liberty at the hearing. The Court determined the incompatibility of tacit withdrawal with the nature and essence of habeas corpus due to the configuration of the presumption of illegitimacy of the arrest. It established that the judge may not declare tacit withdrawal, but must order the release and provide the competent authority with the pertinent measures to make effective the rights to integrity, freedom and life that this jurisdictional guarantee protects. In the object case analysis, the court identified that the figure of tacit withdrawal was improperly applied, despite that the person would have regained his freedom. He ordered the Judicial Council to draw attention to the Second Court of Guarantees of Pichincha and disseminate the sentence among the judges constitutional.