La desnaturalización de la Acción de Protección

Abstract

Abstract: Within our society, there are countless actions that demonstrate the violation of fundamental rights recognized in the Constitution. In response to this, Ecuador has implemented a mechanism as a guarantee for the direct and effective protection of these rights, a mechanism known as the "protective action.". However, over the years, this mechanism has been used for purposes other tan those for which it was created, namely, the protection of constitutional rights against acts or omissions by public authorities. This has led to the distortion of the protective action. This action occurs when this guarantee is cited in search of the resolution of matters of mere legality, declarations of ownership of a property, or, in addition, demanding the annulment of judicial decisions that can be appealed through other means. The Ecuadorian Constitutional Court has issued rulings to limit the use of this action, establishing criteria or standards to prevent its inappropriate use. These criteria have changed over time in pursuit of legal certainty.