Estudio de las sentencias sobre la acción extraordinaria de protección del Ecuador

Abstract

Abstract:The Extraordinary Actions of Protection has been one of the creations that brought the constitutional text of 2008. The present written project carries out a study of the court rulings on the Extraordinary Actions of Protection in Ecuador, the scope of this action and the way it has been understood by the Constitutional Court of Ecuador. In fact, it makes people think if the Constitutional Court has understood that the ultimate goal of this action is to overturn judicial decisions or repair the fundamental rights violated by any judicial decisions. With this effort, in the first place, this consideration will be given as an intent to understand the Extraordinary Actions of Protection as a jurisdictional guarantee. In the second place, it will be established in which specific cases are declared as valid this action in light of the precedents. Finally, it will be criticized the fact that, in the majority of the Extraordinary Actions of Protections, the Constitutional Court has been limited to annul judicial decisions, but has not clearly identified the repair obligations in favor of the holders of the rights violated.