Estudio de las sentencias sobre la acción extraordinaria de protección en el Ecuador

Abstract

This study on the extraordinary protection action contributes to the normative, legal and doctrinal analysis of the exercise of attributions granted to the Constitutional Court. The research took place in Quito, based on the analysis of three sentences issued in 2012. The research methods used are the analytic/synthetic and the legal constructivism. The techniques used are filing, case study, direct observation and bibliographic review. The investigation concludes that the extraordinary protection action operates against final judgments or court orders that, due to the action or omission of the ordinary justice entities, have violated the constitutional rights and the due process. This guarantee is activated after having used up ordinary and extraordinary impugn resources, so its application is exceptional and closely related to legal security. Therefore, it is important to understand the substantiation carried out by the Constitutional Court and to be clear that there are issues of mere legality that must be solved by ordinary justice courts, avoiding distorting the nature of the constitutional guarantees and the jurisdiction of the Court.