Estudio de las sentencias sobre la acción extraordinaria de protección del Ecuador

Abstract

Abstract:The evolution of societies is based on advances in the knowledge and recognition of the fundamental and constitutional rights of the human person within a State, Ecuador as a democratic country approved its new Political Constitution through the Montecristi Constituent in 2008. From then on, it registers the creation of a new and innovative guarantee of rights under the name of "Extraordinary Protection Action", and allows examining the judges and courts of the ordinary system, when by action or omission they violate the constitutional rights in the opinion of its resolutions; Furthermore, it indicates the way forward in the application of due process. Said examination is the power of the Constitutional Court as it is the highest body of the judicial function by mandate of the Constitution, its duty is to interpret the constitutionality of the judgments, order or resolution with the force of judgment that the ordinary and extraordinary resources have been exhausted. of the ordinary justice system. The objective is to identify the level of interpretation, argumentation and weighting applied by constitutional judges.