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

Abstract

Abstract:Since the promulgation of the Constitution of Montecristi in 2008, the Ecuadorian State welcomed a guarantee model of rights, constitutionalizing them and recognizing their character as defendants, providing them with jurisdictional mechanisms for their defense and effective exercise. Thus, jurisdictional guarantees have become the tool for the effective protection of individual and collective rights, inserting them in their substantial and democratic dimension. In practice, constitutional justice has as its object the protection of two distinct legal assets: 1) the fundamental rights of citizens, which in the case of extraordinary protection action, aims to protect due process as a right and guarantee in itself same of the rest of fundamental human rights and, 2) the constitutional supremacy, that in addition to granting full authority to the Constitution, defends the sovereignty of the principles and rights contained in it. The Constitutional Court is competent to hear the cases on the occasion of the extraordinary protection action, which only comes under certain requirements and whose purpose is the integral reparation to those affected.