La acción de protección como herramienta para garantizar derechos fundamentales en Ecuador, análisis crítico según la jurisprudencia de la Corte Constitucional

Abstract

Abstract: The acción de protección (constitutional protection action) is one of the most relevant legal mechanisms within Ecuador's constitutional system for safeguarding fundamental rights. This research analyzes its legal nature, regulatory development, and practical application, with emphasis on the interpretative criteria established by the Constitutional Court. Through a normative, doctrinal, and jurisprudential review, the study explores how this remedy has evolved since its inclusion in the 2008 Constitution and how it has become an effective tool for responding to violations of rights even by private actors. The analysis focuses on Judgment No. 832-20-JP/21, which set a key precedent by allowing the acción de protección to proceed in private legal relationships where there is subordination or helplessness. Additionally, other significant rulings are reviewed, which have established legal standards such as reinforced motivation, the principle of proportionality, and differentiated approaches. While notable progress has been made in the constitutional protection of rights, challenges persist in the consistent application and enforcement of rulings. The research concludes that the acción de protección strengthens the Ecuadorian model of a constitutional state governed by rights and justice, especially by guaranteeing access to justice for vulnerable groups. However, its effectiveness depends on the continued commitment of judicial operators, institutional strengthening, and the promotion of a rights-based legal culture.