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

Abstract

Abstract:It is the obligation of the Ecuadorian State to guarantee the rights established in the Constitution, assuming through Art. 3 of it the competence to intervene actively and the obligation to ensure compliance with fundamental rights. For this, the Constitution of the Republic of Ecuador has established legal protection elements instituted as a jurisdictional guarantee, one of them is the extraordinary protection action that is focused on defending the rights violated by acts or omissions attributable to judges, courts, and as a court of justice in the development of a process. However, this type of guarantees has not been a subject of Ecuadorian legislation, but rather a global one. That is why in this study some of the laws at the Latin American level are analyzed with the purpose of comparing the purpose that these guarantees comply with, other countries. Likewise, an analysis of some enforcement judgments that have been exposed in the trials in which the plaintiffs have resorted to this guarantee as a means of protection of the rights violation is carried out, through a study of the content, a synthesis of the case considered was made, of the judicial decision, of the considerations and foundations of the constitutional court.