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

Abstract

Abstract:The extraordinary protection action is a jurisdictional guarantee enshrined in the Constitution of the Republic, which allows the defense of constitutional rights in circumstances where a final order, resolution or judgment issued by a judge of the Judicial Function, by action or omission has violated rights; existing effective actions for the exercise of the same. This is enshrined by the will of the constituent himself for the controversies on violation of constitutional rights by the judicial authorities and the principle of the double judicial instance, to which the eventual revision of rulings via extraordinary constitutional protection by the Constitutional Court is added, that is, a true constitutional right is set up to demand from the judicial authorities a conduct of strict obedience to the constitutional rights of the citizens; challenging a resolution of the National Court of Justice or any other judge, when unconstitutional For the first time, in the history of our country, legislators introduce the Constitution of the Republic of Ecuador, prepared by the Constituent Assembly installed in the city of Montecristi (province of Manabí), approved by the Ecuadorian people and in force since its publication in Official Registry No. 449, of October 20, 2008, introduced abundant legal developments in Constitutional Law, dedicating its Title III to this matter with the name of Constitutional Guarantees , in whose third Chapter was introduced to the Ecuadorian legal system the extraordinary protection action (art. 94). And guaranteeing in title IX supremacy of the constitution in (art 437), the Organic Law of Jurisdictional Guarantees and Constitutional Control (LOGJCC) Official Supplement Registry 52 of Oct 22, 2009, Chapter VIII Extraordinary protection action determines the object in (art. 58) and its legitimacy in (art. 59) for the Procedure for exercising the powers of the Constitutional Court.