Scope of the Jurisdictional Guarantee of Habeas Corpus in the Context of Animal Welfare. Sentence No. 253-20-jh/22

Abstract

The legal system, specifically outlined in the Law of Jurisdictional Guarantees and Constitutional Control, establishes that the Habeas Corpus action aims to protect the freedom, life, physical integrity, and other related rights of a person deprived or restricted of liberty, by a public authority or by any person. This research aims to analyze the scope of the application of the jurisdictional guarantee in the context of animal welfare. Starting with the study of the case of a woolly monkey named "Estrellita," who had lived for 18 years in a human dwelling with a woman who perceives herself as her mother. The corresponding pronouncement of the Constitutional Court of Ecuador, recognizes the scope of the rights of Nature, considering the interspecies principle and ecological interpretation. Additionally, it addresses the general guidelines issued for the admissibility of constitutional guarantees in favor of wild animals like the woolly monkey "Estrellita.