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

Abstract

Abstract:This study analyzes the sentences of the extraordinary action of protection in Ecuador from 2011 to 2016 based on an analytical research of the Ecuadorian jurisprudence in constitutional matters, which focused on the examination of cases, scientific doctrine, jurisprudence and regulations. The present work through methods of analysis, synthesis, induction and deduction has allowed to determine the criteria that lead the Constitutional Court to consider a case as admissible; as to understand the need for this guarantee as a tool of justice, which arose from the need to safeguard those fundamental rights that either by action or omission in orders, judgments and resolutions of a definitive nature could have been affected. Likewise, through the casuistic study, bibliographic review and bibliographic file, the difficulties that the Court has presented in making its decisions are analyzed, as well as the improper use that jurists have given it the character of a last instance resource, revealing the shortcomings that Ecuadorian law still presents.