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

Abstract

The new paradigm of the Ecuadorian State as a constitutional state of rights and justice implies a new way of understanding and exercising the law, which must be oriented mainly to guaranteeing the exercise of people's rights. In this regard, jurisdictional guarantees have been established to protect and safeguard those rights. Among these guarantees, the extraordinary action of protection against judicial sentences has represented a legalconstitutional institution through which it is intended to remedy possible violations of rights that may occur within a judicial process. However, this orientation has also been questioned in the sense that this jurisdictional guarantee may not only constitute an additional instance, as has been misunderstood and practiced, but may even represent a difficulty in terms of the tension it may cause in the area of legal security. In this context, the following paper seeks to establish how the legal nature of the action of protection, far from becoming another instance that questions judicial rulings, or claiming to be a mechanism for distorting legal security, has rather become a mechanism that has guaranteed the protection and safeguarding of constitutional rights that have been violated in judicial proceedings, and this in the light not only of the doctrinal analysis presented but also of the study of three cases in which the legitimacy and validity of the extraordinary action of protection can be seen as a jurisdictional guarantee in accordance with the constitutional state of rights and justice.