Abstract
Through this article, the aim is to analyze how habeas corpus guarantees individual liberty, physical integrity, and other rights that are restrictive of human freedom. For this, it is necessary to conduct a conceptual and normative study, taking into account the constitutional and legal basis, in addition to determining the role that habeas corpus plays in the prevention and redress of illegal, arbitrary, and illegitimate detentions. Therefore, this study will address the clauses, the foundation of said constitutive action, the procedure, challenges, and limitations that arise in practice. Likewise, an analysis will be carried out regarding the significance of habeas corpus to conduct an immediate review of the legality of a sentence involving a person's deprivation of liberty, with the aim of preventing any individual from being apprehended, detained, or held in custody without just cause, and ensuring due process, despite the new challenges it currently faces due to states of exception, which limit certain fundamental guarantees, caused by emerging criminal manifestations in the country, which has also led to the improper use of this constitutional guarantee, which will also be analyzed. Finally, the importance of its existence lies in its effective application, to adequately ensure the right to liberty enjoyed by all Ecuadorians and those who reside within the national territory, suggesting strengthening the real effectiveness of this fundamental guarantee, in order to have a society that protects any act that undermines the enjoyment of liberty, for which it is necessary to build a society committed to the protection of basic humanitarian principles.