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

Abstract

Abstract: The present investigation deals with the study of sentences of extraordinary protection actions, making a contrast between jurisprudence, the doctrine, the constitutional and legal mandate, with the purpose of being able to carry out a democratic monitoring of the way in which these important guarantees are being resolved. Constitutional, which together with human rights, are the basis of the new model proposed by the Ecuadorian Constitution of 2008. For this purpose, the research methods proposed are those of analysis and synthesis and also the inductive and deductive, which have been able to show that At present, there is a level of argumentation, interpretation and adequate weighting of constitutional judges in the resolution of these important causes, while legal professionals and actors are unaware of the implication of the violation of a right, the purpose of the guarantees and the form adequate argumentation in the process s constitutional; aspects that must be improved so that extraordinary actions of protection that do not comply with the proposed purposes are not excessively proposed.