El hábeas corpus frente a detenciones arbitrarias durante el estado de excepción de octubre de 2019 en Ecuador: Estándares constitucionales y control judicial desde la jurisprudencia.

Abstract

Abstract: Based on the principle of due process, projected by the legitimate party within the judicial procedure, it is established as a sanction to the abuse of power, in the concrete case in which an arbitrary and illegitimate detention has occurred, regardless of the context of the location. The Constitution of the Ecuadorian Republic and the Organic Law of Jurisdictional Guarantees and Constitutional Control have established the legal nature and constitutional purposes of habeas corpus. However, it is necessary to identify the circumstances that lead to its non-execution, by criteria open to the judge's discernment of the quality of the detention. To this end, a legal/dogmatic methodology will be used, specifically of the first instance process of habeas corpus actions, during the protests in Ecuador in October 2019, in attention to the development of the Constitutional Court and its interpretation regarding application and procedure.