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

Abstract

Abstract: The extraordinary protection action established by the 2008 Constitution as a jurisdictional guarantee has been set up as a new mechanism for citizens to request the Constitutional Court the annulment of judicial decisions or the regress of fundamental rights that have been violated. According to this concept, the following investigation is carried out through an analytic study of three judgments. Firstly, the constitutional guarantees, the regulations, the public policies, and mainly the jurisdictional guarantees are examined, which contemplate the center of this work, which is the extraordinary action of protection. Regarding this guarantee, it is analyzed as an action of its nature, object, demand requirements, admissibility, and full reparation. Besides, research is carried out on the fundamental rights referred to in the abovementioned executed sentences as having been violated, namely: due process and legal security. Finally, based on the jurisprudence, doctrine, and regulations studied, it is possible to understand and criticize whether the considerations and foundations taken into account by the Constitutional Court at the time of its decision were correct.