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

Abstract

Abstract:In the integrative project called Study of the judgments on the extraordinary protection action in Ecuador , three sentences issued by the Constitutional Court are legally analyzed in claimprocesses for seemingly violation of rights, through the extraordinary protection action statement as a jurisdictional guarantee and constitutional control.Hypothesis: The interpretation, argumentation and weighting applied by constitutional judges in sentences on extraordinary protection action, affects legal security by leaving executed judgments in ordinary jurisdiction, useless. Thus, it is possible that in several cases, the extraordinary protection action as a jurisdictional guarantee had not been proposed by legal professionals with enough subjective foundation, according to the meta-legal level,in which it is circumscribed .Finally, there is evidence on the guarantee in the progressive acknowledgment of rights in Ecuador, without meaning that the verdicts of the Constitutional Court always consist in accepting the existence of violated rights. The sentences whose verdict is negative explain the reason why there is not violation of fundamental rights.