HABEAS CORPUS as a jurisdiction guarantee of the right to freedom of animals detained in zoos of Ecuador

Abstract

From the creationist and natural law theory, freedom is a right of every living being, it means not being subject to restrictions by positive law norms, nor by institutions and authorities created by the human being. When the social pact is created, the positive laws interpose themselves to the natural norms and rights are restricted; these limitations of rights, on certain occasions, such as depriving human and non-human animals of their freedom, are arbitrary, unfair and illegal, to avoid these aberrations in the Constitutional State of Rights and Justice there are jurisdictional guarantees that have as their objective guarantee the effective enjoyment of rights; In this context, the purpose of the study is to present the legal and jurisprudential foundations that support the theory in which it is expressed that Habeas Corpus is a jurisdictional guarantee that guarantees the right to freedom of animals detained in prisons. Ecuadorian zoos. The investigation is located in the Courts and Tribunals of Ecuador, where specialized information on Habeas Corpus was collected; it is a mixed approach research; of a pure, dogmatic, descriptive legal type; non-experimental design; for the study the inductive, analytical and descriptive method was used; the population involved is made up of judges who guarantee constitutional rights, directors of zoos, foundations and nongovernmental organizations for the protection of animal rights. The results of the investigation allow us to establish that in Ecuador there is still not enough jurisprudence and doctrine that allow the use of Habeas Corpus as a jurisdictional guarantee to release non-human animals from zoos; This argument allows us to conclude by pointing out that the detention of non-human animals in zoos is an inhumane action, which cannot be allowed in the XXI century.