El uso inadecuado de la acción extraordinaria de protección en la jurisprudencia constitucional

Abstract

Abstract: This thesis analyzes the misuse of the extraordinary action of protection, based on the analysis of Judgment 374-17-EP/22 and other important jurisprudential decisions issued by the Constitutional Court, we can identify how this valuable guarantee has been devalued from its exceptional nature, converting it, on several occasions, into an ordinary additional remedy, in violation of principles such as legal certainty, res judicata, and judicial Independence, this thesis examines the structural and normative causes of our domestic system that led to this distortion, such as the lack of awareness of admissibility criteria, the lack of timely training, and the absence of sanction mechanisms, i also propose direct measures aimed at strengthening technical filters, training the national legal community, and including procedural sanctions, this analysis contributes to strengthening knowledge and respecting the exceptional guarantee within our rule of law.