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

Abstract

Abstract: The extraordinary action of protection is a jurisdictional guarantee established in the Constitution of the Republic, it enables the full enjoyment of the rights violated by an order, resolution or final judgment issued by a judge of the Judiciary, whether by action or omission. Through this action, the controversies of violation of constitutional rights by the judicial authorities and the principle of double judicial instance are solved, to which is added the review of rulings by way of extraordinary constitutional protection. In the three sentences that we have analyzed, the plaintiffs file the extraordinary action to restore, according to their criteria, the enjoyment of their violated rights, in order to have access to the enjoyment of rights that the ordinary justice system has not granted them. It is necessary that the plaintiffs, in order to have access to this extraordinary action, have exhausted all the instances of the ordinary justice system, and that they adhere together with the judges to the due process. The rulings of the Constitutional Court are solidly argued, which makes effective judicial protection possible.