La desnaturalización de la acción de protección en el constitucionalismo ecuatoriano: análisis crítico de la Sentencia 17-21-ep25 de la Corte Constitucional

Abstract

Abstract: The 2008 Constitution of the Republic establishes the right to protection as a pillar of the constitutional state of rights and justice, offering a mechanism for immediate access to justice to remedy violations of human dignity and the essential content of constitutional rights. However, the purpose of this guarantee-based action has faced a problem: the inappropriate use of this action to pursue purposes unrelated to its constitutional purpose, such as the declaration of property rights or the resolution of disputes within the ordinary courts. This paper begins with the concept of the right to protection and its distortion in Ecuadorian constitutionalism. A critical analysis of the distortion of this guarantee is presented, defined, and analyzed based on the parameters established by the jurisprudence of the Constitutional Court of Ecuador. The final analysis determines that the Court delimits the contours of the right to protection and reinforces its original purpose, while contributing to the consolidation of a differentiated constitutional justice system consistent with the guarantee-based model of the new Constitution.