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

Abstract

Abstract:The present investigative work related to the extraordinary protection action in Ecuador corresponds to a puzzle project developed by the Universidad Técnica Particular de Loja, in this specific case through the casuistic analysis of judgments issued by the Constitutional Court on the subject corresponding to the extraordinary protection action; individualized research that is part of a macro project of the University that seeks to determine their characteristics, based on a normative, legal and doctrinal analysis. The analysis was carried out through the casuistic study of sentences related to this issue and the Constitutional Court, in the case of analysis, has issued that specifically in 2005. The research methods used correspond to the analytical and synthetic method, as well as legal constructivism. The techniques that were used correspond to: recording, case study, direct observation and bibliographic review. The research makes a bibliographic compilation of the current legal norm and studies related to the subject, subsequently three judgments of the Constitutional Court of Ecuador are analyzed, in relation to the extraordinary protection action, which is used as a mechanism of last resort on final judgments or orders, which, due to the action or omission of the entities in charge of the administration of justice, have violated the rights guaranteed in the Constitution and due process. This constitutional guarantee can be executed once all avenues and remedies for challenge and appeal have been exhausted, since its application is only exceptional and with the purpose of guaranteeing legal certainty.