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

Abstract

Abstract:The purpose of this research work is to study the extraordinary protection action, its nature and characteristics, as a guarantee of due process and effective protection of rights in Ecuador, through a methodology of study of cases concerning judgments of the Constitutional Court. and a normative, doctrinal, and jurisprudential analysis, the most relevant results were systematized to reach conclusions and recommendations. After the investigation carried out, it was shown that this mechanism in effect allows citizens to obtain effective protection in judicial processes in which their constitutional rights have been violated by means of judgments originating from possible arbitrariness of the judges. However, the inappropriate use of the extraordinary protection action as a means to delay processes and the insufficient and unsystematic development of jurisprudence put at risk the purpose for which this action was conceived, where the arbitrariness of ordinary justice is replaced by arbitrariness of the Constitutional Court; therefore, the improvement of the admission process and requirements and the systematic development of jurisprudence is pertinent.