Estudio de sentencias sobre la acción extraordinaria de protección

Abstract

Abstract: The doctrinal, legal and normative study of the extraordinary protection action within our country, facilitates the understanding of the attributions that the Constitutional Court fulfils in Ecuador. This research was conducted based on the analysis of three sentences issued by the Constitutional Court in the year 2014. The research methods used were: the analytical/synthetic and the legal constructivism and the techniques used were: signing, casuistic study, direct observation and bibliographic review. From this investigation, it was concluded that the extraordinary protection action is a judicial guarantee that is established in the Constitution of the Republic, which is applied in judgments, autos and firm resolutions where the justice Ordinary has exhausted all the ordinary and extraordinary resources available, and there has been infringement of one or several constitutional rights, both by action or omission. This guarantee has a close relationship with both due process and legal certainty, so it is of paramount importance that the Constitutional Court analyzes in depth and knows how to differentiate between matters of mere legality or if it is actually in front of a Case of violation of rights.