La protección del derecho a la propiedad en las sentencias de la Corte Constitucional del Ecuador

Abstract

This research studies the interpretation that the Ecuadorian Constitutional Court has made on the constitutional norms related to the exercise of the right to property, through the study of cases that have come to their knowledge through mechanisms such as the extraordinary action of protection and unconstitutionality action. It is divided into three chapters. In the first chapter we develop the doctrinal progress on recognition of the right to property as a fundamental right, differentiating property rights as economic right. In the second chapter we point out the materials and methods used for the development of research work; we note that we use instrumental records to analyze 12 judgments of the Constitutional Court. Finally, in the third chapter we present the results on the research work. We propose a quantitative and qualitative analysis of the sentences. In the quantitative we express the type of legitimized asset, legitimized passive, type of action and the decision taken in the 14 judgments analyzed. In the qualitative we collect the relevant concepts developed by the Court on the right to property.