La improcedencia de la acción de protección en el Ecuador y su repercusión en el efectivo ejercicio de los derechos constitucionales

Abstract

Abstract:The purpose of the Constitutional guarantee is to protect the fundamental rights of individuals against any type of transgression. Its proceeding is subject to certain formal requirements that combine the violation of a constitutional right, the action or omission of a non-judicial public authority or serious damage of a private individual and that the constitutional remedy is adequate and effective. These conditions are not easy to interpret, which has led to constant inappropriateness and even ineffectiveness of the constitutional guarantee. This research aims to identify factual and legal circumstances that have an impact on this problem of constitutionality. These phenomena that, from the field research, were susceptible of distinction bring with them, on the one hand, errors of normative interpretation as a consequence of the lack of specialty in constitutional matters and, on the other hand, phenomena that go beyond the sphere of legality as consequences due to the lack of preparation or invasive political conditions, which, similarly, affect the transcendence of the constitutional guarantee.