Preferencias académicas de los estudiantes de la carrera de Derecho y su vinculación con los Objetivos de Desarrollo Sostenible (ODS) a través del estudio de sentencias

Abstract

Abstract: The investigation analyzes Sentence No. 189-19-JH and accumulated/21 of December 8, 2021, where the Constitutional Court of Ecuador addresses the question of whether deprivations of liberty originating in a criminal process processed through an abbreviated procedure can be challenged through habeas corpus. In this ruling, the Constitutional Court establishes important parameters to guarantee the observance of due process in abbreviated procedures. The Court recognizes that, although the abbreviated procedure is a tool to expedite criminal justice and decongest the judicial system, it should not be used to the detriment of the fundamental rights of the accused. Therefore, it reaffirms that habeas corpus is an ideal mechanism to challenge deprivations of liberty when the violation of fundamental rights is alleged, even in the context of abbreviated procedures. The ruling highlights the need to ensure that abbreviated procedure agreements are made voluntarily and with full knowledge of its consequences by the accused, thus guaranteeing respect for their rights and freedoms, thus establishing a balance between efficiency procedural and the protection of fundamental rights, reinforcing judicial control over deprivations of liberty in abbreviated procedures, which is broadly related to SDG 16 and its protection of justice.