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

Abstract

Abstract:The extraordinary protection action will only proceed when the ordinary and extraordinary resources foreseen in our Constitution have been exhausted. This action will not proceed against what the Contentious Electoral Court decides during the time of the elections. The Constitutional Court as the highest body of control and constitutional interpretation in Ecuador has as purpose, to know about the extraordinary protection actions proposed individually or collectively in which the violation of one or more fundamental rights is discussed in order to restore these rights. A study and exhaustive analysis of three sentences of extraordinary protection action is carried out, the scope of this action and resolution by the Constitutional Court where it is determined that the fundamental rights have been violated: due process, legal security and motivation in resolutions, it is thus clear that the judges must collect and exhaust all the stays in order to make justice prevail by issuing a ruling in the judgments adhering to due process.