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

Abstract

Abstract: The extraordinary protection action allows the review of judgments, orders or resolutions that have passed in the authority of res judicata. While the res judicata prevents the indefinite review of what was decided in the judgment. Therefore, it is a relatively new resource in the Constitution of Ecuador that seeks to effectively protect the rights stipulated in the Constitution of the Republic. When a duly protected legal asset has been violated in criminal proceedings, the aforementioned action can be resorted to in order to guarantee the right to defence and due process.Likewise, when recourse is made to appeals such as appeals or nullity, the object of the litigation and the procedural parts are maintained. When filing an extraordinary protection action, it is not enough to argue a fact and a right, but it is necessary to connect them and that this make sense with what is intended by filing the appeal.It is essential to adjust the legal regulations to the Constitution, to guarantee the validity of human rights and constitutional supremacy.