¿La acción de protección es subsidiaria o residual?

Abstract

It has become evident the series of restrictions that contains the Ley Orgánica de Garantías Jurisdiccionales y Control Constitucional. If the article 88 of the Constitution of the Republic does not reference explicitly elements such as "irreparable", depletion of ordinary judicial remedies, most appropriate or efficient and effective means, etc, can’t a law implement a restriction of this nature, since every point of view is unconstitutional and disproportionate. How could the affected victim of a violation of his constitutional rights undergo a long waiting to access a protective action? the principle called proportionality inherent technical interpretation of the constitutional state paradigm says that not only the affected must be not only addressed by the courts but also by the legislature. In that sense, a valid, constitutionally and fair course should have been utilized. If an unconstitutional medium which restricts a given safeguard is used with the goal of avoiding the increase of protective action, then no such action is rationally justified.