ANALYSIS OF THE LEGAL PROBLEM OF HABEAS CORPUS IN THE TALAVERA CASE:¿IGNORANCE, NON-OBSERVANCE OR DISCRETION?

Abstract

This investigative work analyzed the figure of habeas corpus in the case of Jorge Ordoñez Talavera, a person deprived of liberty who was subjected to degrading treatment because of a prison riot. In the analysis, the qualitative and critical methodology was used, considering norms and jurisprudential precedents of the Constitutional Court, obtaining because of the legal problem a sequential thread in which the judges are unaware of the scope of protection of habeas corpus, which led to legal and jurisprudential non-observances, and consequently to discretionary resolutions that violated the right to due process. In addition, through a method of teleological interpretation, it was determined that Constitutional Court, incurred in a jurisprudential non- observance that resulted in a discretionary decision by granting alternative measures to deprivation of liberty, omitting the fact that the prisoner had an enforceable sentence for the crime of murder.