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

Abstract

Abstract:The purpose of this research is to provide a study about the nature of the Extraordinary Constitutional Injunction remedy (Acción extraordinaria de protección) in Ecuador, which was introduced by the Constitution of the Republic of Ecuador in 2008. To that end, three sentences issued by the Constitutional Court in 2015 were analyzed in order to obtain statistical data about which rights were violated and define the arguments and motivations of the constitutional judges. In this work, the research methods proposed by the Puzzle Project were utilized, including the analytical and synthetic method as well as the legal constructivism method, as well as techniques that include tab-making, case study, direct observation and bibliographic review. In summary, the Extraordinary Constitutional Injunction remedy is presented as an exceptional and innovative constitutional control remedy, actionable only after all other remedies in ordinary jurisdictions have been exhausted, thus, this paper aims to determine if the analyzed sentences conform to said parameters and the application of constitutional guarantees pertaining to due process and legal certainty which are the very subject matters that the remedy intends to ensure.