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

Abstract

Abstract:This thesis addresses the importance of the Extraordinary Protection Action within the Republic of Ecuador. According to Article One of the Constitution; Ecuador is a constitutional State of justice and rights, which grants an extremely strong motive for the State to be able to demand obedience from its inhabitants, and for its citizens to be able to demand transparency from the legal system. The Extraordinary Protection Action is a jurisdictional guarantee granted and guaranteed to all members of society, the same that is indicated in the Constitution in Article 94. After all ordinary resources have been used, it is the last resort available. Therefore, the Extraordinary Protection Action is applicable when there have already been final judicial decree orders or enforceable judgments, being the Constitutional Court the appropriate authority to resolve as the last Constitutional Interpretation Body. The Extraordinary Protection Action is a relatively new resource in the Constitution of Ecuador, which seeks to protect and effectively guarantee the rights stipulated in the Constitution of the Republic. The moment in which a duly protected legal asset has been violated in a criminal proceeding, the aforementioned action may be resorted to, with the main objective of guaranteeing the right to defense and due process.