Estudio de sentencias sobre la acción extraordinaria de protección en Ecuador

Abstract

Abstract:Before the current Constitution, there were no judicial mechanisms to claim the violation of fundamental rights. With the 2008 constitutional reform, jurisdictional guarantees are introduced, among them, the extraordinary protection action, with which the legislators endow the Constitutional Court of Ecuador with new powers of constitutional control, without it being considered a superior judicial instance. . For this reason, a normative, legal and doctrinal analysis of three judgments of extraordinary protection actions issued by the Constitutional Court during the years 2011 to 2016 has been proposed, through which the level of interpretation, argumentation and weighting applied by the constitutional judges. With regard to the three cases analyzed, the violated rights that the Constitution protects so as not to be left defenseless and to make a legal diagnosis of the implications of the judgments issued in the constitutional jurisdiction with respect to their rulings are verified. Thus, citizen participation in a democratic audit process is also promoted through the monitoring of judgments of the Constitutional Court of Ecuador.