La acción extraordinaria de protección

Abstract

Abstract:The extraordinary protection action is an intelligent and effective guarantee when verifying the violation of the constitutional rights, established in Art. 94 and 437 of the Constitution of Ecuador, in Art. 58 to 64 of the Organic Law of Jurisdictional Guarantees and Constitutional Control as well as in the Regulation of Substantiation of Competency Proceedings of the Constitutional Court in Art. 34 to 39, this appeal will guarantee the personal rights based on The protection action does not substitute the other judicial means, otherwise the constitutional justice would assume powers that do not correspond to it, affecting the legal security of the citizens and distorting the jurisdictional structure of the State and ignoring the institutional guarantee that the Judicial Branch represents. It will be applied when there is a violation of rights, but not to problems that derive from infraconstitutional contrasts, such as challenges to regulations, acts and resolutions of the Public Administration, semi-public, private law with social or public purpose that contravene legal rules which are the competence of the contentious administrative jurisdiction.