El abuso de la acción de protección: límites y medidas para evitar su instrumentalización

Abstract

Abstract: This thesis analyzes the abuse of the acción de protección in Ecuador, with a specific focus on the excesses committed during its execution phase. This constitutional guarantee, designed to provide immediate protection of fundamental rights, has progressively been distorted and improperly used, becoming at times a mechanism to reopen concluded cases, modify final rulings, or exert undue pressure on judicial authorities. Based on the analysis of Constitutional Court Judgment No. 2231-22-JP/23, this study examines the procedural limits that must be respected to prevent the instrumentalization of this guarantee. The Court sets a binding precedent by sanctioning the abusive use of the acción de protección and establishing clear parameters to guide its proper execution. The research follows a qualitative legal approach, supported by hermeneutic and doctrinal methods, and identifies the ratio decidendi, the interpretative methods applied by the Court, and the consequences of procedural abuse. The study concludes that the establishment of clear limits in the execution phase is essential to safeguard the restorative function of this guarantee and to prevent it from becoming a mechanism that distorts the constitutional order.