El habeas corpus correctivo colectivo y la violencia en los centros carcelarios del Ecuador

Abstract

In 2021, the Ecuadorian prison system has witnessed a growing wave of violence, which has directly affected the rights to life and personal integrity of the prisoners. It has to be taken into account that, in the doctrinal and jurisprudential field of Law, there is a constitutional action, which is the corrective habeas corpus, which protects the rights to life and physical integrity of all those persons who are serving a sentence in a detention center. However, filing this action individually, like all constitutional guarantees, takes time, so it would not be a summary response to events such as violent riots. A collective corrective habeas corpus, cannot be found in any norm of the Ecuadorian legal system, and has even been attempted already in the month of February 2021. For this reason, the objective of this research is to carry out a study of the feasibility of the application of this action to stop the wave of violence in the Ecuadorian prison system, moreover determining whether its introduction in the Ecuadorian legal system is pertinent or not. The methodological approach applied consists of a descriptive study, which is immersed in the research line of social behavior patterns; allowing to obtain as main result the feasibility of the application of collective corrective habeas corpus, through the conclusion that this action would allow safeguarding the right to life and physical integrity of the PPL