La acción extraordinaria de protección aplicada a sentencias en el Ecuador

Abstract

Abstract: This research focused on the study of judgments on the extraordinary protection action in Ecuador, as a remedy for the enforceability of rights, considerations and grounds of the Constitutional Court. Establishing as criteria the competence, the active legitimacy, the legal nature of the extraordinary protection action, and the contested judicial decision, as a guarantee for the procedure against final judgments or orders, in which constitutional rights have been violated by action or omission . Qualitative research was used for the interpretation of three judgments issued by the Constitutional Court, applying the exegetical method, for interpretation in jurisprudence and scientific doctrine, correlating with the analytical method for logical reasoning in the construction of the variables. The synthetic and legal method was included in the holistic study of the sentences. Obtaining as a result the contradictions in the application of the administration of constitutional justice, determining the violation of constitutional rights such as: effective judicial protection, due process in the guarantee of motivation and legal security for untimely dismissal, work reinstatement and suspension in education.