Acción de protección y los supuestos en los que procede contra de particulares

Abstract

Abstract: This thesis analyzes the constitutional guarantee of the action for protection within the framework of the Constitutional State of Law, establishing its origin, nature, procedure, and the circumstances under which the action for protection is applicable against private individuals. Based on the general principles of the Constitutional State of Law, its history, and evolution, the action for protection serves as a mechanism to safeguard fundamental rights. To this end, its purpose, principles, active and passive standing, the notification process, summons, and reversal of the burden of proof are established, in light of the provisions of the Constitution of the Republic of Ecuador and the Organic Law of Constitutional Guarantees and Constitutional Control. Furthermore, the following are examined: the circumstances under which protection action is appropriate against private individuals, such as: the provision of improper public services, the provision of public services by delegation or concession, the causing of serious harm, and the state of subordination or defenselessness in the face of different types of powers, according to the jurisprudence of the Constitutional Court.