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

Abstract

Abstract: The investigation addresses the issue of the Extraordinary Protection Action in Ecuador, from the specific cases of sentences issued in 2015 in the province of Los Ríos. At present, the right of people to a fair process without violation of their constitutional rights, has been achieved with respect to previous times where it was very difficult to protect the rights contemplated by the Constitution of the Republic of Ecuador (2008) in its Article 76, if it is considered that it contemplates the right to legal motivation and due process. This analysis demonstrates that the judicial decisions issued by the judges in which the process rests, are no longer the only decision, if it does not exist and there is another instance, the Constitutional Court. From these perspectives, citizens sponsored by a legal professional can file an Extraordinary Protection Action, so that their constitutional rights are protected, which are violated by different factors, since the judges of first instance, on many occasions, the they omit, in the sense of reasonableness, logic and understandability, harming citizens in general who are in search of justice. This guarantee is activated after the exhaustion of the ordinary and extraordinary remedies for challenge, so that its application is exceptional and merely responds to legal certainty. Therefore, it is important to understand the substantiation carried out by the Constitutional Court and the legal cases that must be resolved by ordinary justice, preserving the nature of the constitutional guarantees and the inherent jurisdiction of the Court. The research methods used are analytical / synthetic and legal constructivism. The techniques used: signing, case study and literature review.