Estudios de Sentencias sobre la Acción Extraordinaria de Protección en el Ecuador

Abstract

Abstract:This investigation presents the foundations of the Extraordinary Protection Action in Ecuador, both legally and doctrinally, within the procedures developed by the judges of the common jurisdiction. Thus, the first thing to know about it is that the mechanism was born with the Constitution in 2008 and proceeds in final judgments or orders in which rights or constitutional guarantees have been violated by action or omission, that is, it is last instance procedure that activates when ordinary and extraordinary resources have been spent. Extraordinary protection action must be presented to the Constitutional Court, which is an organization created to act as the rector of constitutional guarantees. When a constitutional right has been violated in an ordinary process (legal security, effective custody or the right to defense) such action appears as a mechanism to avoid violating such constitutional precepts. It is necessary to specify that the extraordinary protection action is not a higher instance of ordinary justice. It can not be used for simple legality aspects but on the procedure used within a final judgment made by a competent judge. Consequently, its purpose is to determine whether the due process was fulfilled or not within such legal action. As a result, the extraordinary protection action safeguards the legal security and prevents an actor from being defenseless due to lack of clear and objective arguments that must be framed in the Supreme Norm.