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

Abstract

Abstract: The extraordinary protection action is a jurisdictional guarantee, which seeks to guarantee the supremacy of the Constitution. In addition, it is in charge of protecting constitutional rights, proceeding only against files, resolutions or final and enforceable judgments, which by action or omission have violated the rights recognized in the Constitution. It proceeds after ordinary and extraordinary resources have been consumed. This principle is of double judicial instance, that is, the highest body (Constitutional Court) is in charge of analyzing the action, which after said study the Constitutional Judge will correct or declare the violation of rights, so, if it is verified violation of rights, a new resolution will be issued that will be strictly complied with by the parties, and if there is no violation, said judgment will be ratified. In many cases, the judicial authorities enter into unconstitutional procedural contradictions, producing legal effects, as long as they do not make use of the rules and principles that make up the legal system.