El Habeas Corpus Preventivo Como Garantía Constitucional Del Derecho De Libertad En La Legislación Latinoamericana

The present investigation is entitled "PREVENTIVE HABEA CORPUS AS A CONSTITUTIONAL GUARANTEE OF THE RIGHT TO FREEDOM IN LATIN AMERICAN LEGISLATION", has been analyzed around a constitutional sphere, the application or not of the preventive habeas corpus action in the Ecuadorian judicial system, This is based on Article 7.6 of the American Convention on Human Rights, an international instrument signed and ratified by the nation, in accordance with national regulations, based on the fact that the Constitution of the Republic of Ecuador verbatim does not recognize this type of habeas corpus. , but the dogmatic and Organic Law of Jurisdictional Guarantees and Constitutional Control do recognize it. Given this, the purpose of this investigation is to study preventive habeas corpus as a jurisdictional guarantee in the constitutional block. For its fulfillment, the research was carried out in two parts: first, through the theoretical framework that consists of 3 units called: Jurisdictional Guarantees, the rights to freedom and action of habeas corpus; and, the second part through a methodological design corresponding to a social legal investigation, through the inductive, historical, analytical and descriptive research method; qualitative research approach; types of basic, bibliographic, field and descriptive documentary research; non-experimental research design. After having done this, we have proceeded to collect information through the instruments designed for this purpose, data that have served to draw conclusions and recommendations that contrast with the criteria of the author and the population involved.