Estudio de sentencias sobre la Acción Extraordinaria de Protección en el Ecuador

Abstract

Abstract:This study on the extraordinary protection action contributes to the legal and doctrinal normative analysis of the exercise of the powers granted to the Constitutional Court. The investigation took place in Quito based on the analysis of three sentences issued in 2015. The research methods are analytical, synthetic and legal constructive. The techniques used: signing, case study, direct observation and literature review. The investigation concludes that the extraordinary protection action operates against final sentences or order that, due to the action or omission of the ordinary justice entities, has violated constitutional rights and due process. This guarantee is activated after the exhaustion of the ordinary and extraordinary remedies for challenge, so its application is exceptional and closely related to legal certainty. This should pay close attention and importance to the substantiation carried out by the Constitutional Court and be clear that there are issues of mere legality that must be resolved by ordinary justice, avoiding distorting the nature of constitutional guarantees and the competence of the court.