Abstract

LOPEZ SALAZAR, Christian Alexander. House arrest as a restriction of the right to freedom of movement: an analysis from the principle of equality. Tribunal [online]. 2024, vol.4, n.7, pp.40-51. ISSN 2959-6513.  https://doi.org/10.59659/revistatribunal.v4i7.37.

The study of the problem is not limited to the literal statement, due to the relevance of the countless people who are under house arrest with no end date. The objective of this research is to design a draft reform law to the Comprehensive Organic Criminal Code regarding house arrest to guarantee the principle of equality and the right to move freely in the national territory. The research is conducted under a mixed approach, exploratory, descriptive design and exhaustive bibliographic review. A questionnaire was applied whose population is made up of 85 individuals. It is concluded that the constitutional regulations in Ecuador contemplate the cases of arbitrary abuse of legal tools to the detriment of rights and guarantees, the imposition of no expiration of house arrest supposes the violation of due process and equality, which should generate a bill that seeks to supplement and solve the shortcomings created by the poor application of the norm.

Keywords : House arrest; restriction of the right to free movement; principle of equality.

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