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

Abstract

Abstract: The present work is part of an integrating project, whose general objective is to carry out a study of the sentences issued by the Constitutional Court during the years 2011 to 2016 on the extraordinary protection action. The casuistic study was carried out, three sentences were analyzed on the extraordinary action of protection, previously assigned to each student and by means of the technique of the transfer the right or violated rights were identified. The method of Legal Constructivism was also used, which allowed to understand the incidence of positive law and legal theory in the social construction of reality. In the third and fourth chapters, the files of the judgments analyzed were placed and the findings were summarized, coherently triangulating these results with the objectives, hypothesis and research question, which corroborated the refusal of the proposed hypothesis. Finally, conclusions and recommendations are reached, the final corollary of which is that the Constitutional Court has correctly applied its decisions, safeguarding constitutional rights when it must do so and denying this action when it is considered incorrectly proposed.