Estudio de Sentencias sobre la Acción Extraordinaria de Protección

Abstract

Abstract:The degree work that is carried out below has the objective of knowing in depth the Extraordinary Protection Action starting from the historical background, concept, objective, characteristics, requirements, causes of admissibility and importance, in addition an exhaustive analysis of three different rulings of the extraordinary protection action issued from 2011 to 2016 issued by the Constitutional Court, the same that will allow us to obtain statistical data, identification of affected rights and motivational arguments, based on contrasting the criteria of interpretation and weighting of fundamental rights used by constitutional judges in Ecuador. On the other hand, it will generate a legal diagnosis of the implications of the sentences handed down in the constitutional jurisdiction regarding the rulings that have been left without effect by the acceptance of the extraordinary protection action. The proposed investigation makes it possible to create an observatory of constitutional failures in Ecuador, to evaluate and monitor the jurisprudential precedents set by the constitutional judges, and at the same time study at the comparative level the criteria of constitutional interpretation, from the context of the progressive recognition of rights.