Administering justice on behalf of the sovereign people of Ecuador and by the Constitution Authority and the laws of the Republic, the Judge Ivonne Hernandez, of the Specialized Judicial Unit No. 4 for Family, Women and Children of Guayaquil, decided to allow the writ of habeas corpus filed on behalf of Attorney Álvaro Fernando Noboa, declaring the violation of the right of locomotive individual, ambulatory and transit freedom of the affected, Lawyer Alvaro Fernando Noboa, by omission of the empowered to decide upon the request of revocation, which unreasonably restricts his right.
For integral reparation, the judge ordered to restore the full exercise of the right to locomotive individual, transit and ambulatory freedom to the Lawyer Álvaro Fernando Noboa, for which she annulled the order of prohibition to leave the country, issued against him by the economist Miguel Aviles Murillo, Special Collector for the Internal Revenue Service of the South Coast, on September 28, 2012.
Judge Hernandez ordered the Provincial Headquarters of Migration and Immigration of Guayas to act and delete the physical and/or electronic log in its possession, with national effect, the ban on leaving the country, issued by decree on September 28, 2012 at 8.30am by economist Miguel Aviles Murillo, collecting agent designated by the highest authority of the Internal Revenue Service, SRI, against the Attorney Alvaro Fernando Noboa.
The judge referred in her resolution, the art. 83, third paragraph of the Constitution, which compels the authority to comply with the judgment immediately without any observations.