La desnaturalización de la acción de hábeas data en el constitucionalismo ecuatoriano: Análisis crítico de la Sentencia No. 180-22-EP de la Corte Constitucional

Abstract

Abstract: This paper analyzes the writ of habeas data within the framework of constitutionalism, studying its origin, nature, and the limits established by regulations and jurisprudence. This constitutional guarantee allows for access, updating, rectification, or deletion of personal data, thus protecting fundamental rights such as privacy, honor, and informational self-determination. Based on a doctrinal and normative study, it addresses the phenomenon of the denaturalization of this writ, understood as the misuse of the writ of habeas data for purposes other than those provided for in the Constitution. The analysis focuses on Judgment No. 180 22 EP/24 of the Constitutional Court of Ecuador, which determined that lower court judges used habeas data to declare property rights and annul old administrative resolutions, exceeding the purpose of the writ of habeas data and affecting legal certainty. The case studied shows that the incorrect use of constitutional guarantees not only distorts the institutional design provided for in the Constitution, but can also cause violations of due process and generate disciplinary or criminal liability for the judges involved.