Gravitation of the Protection Action in the constitutional model of rights and justice

Abstract

This article is the result of the analysis of the protection action, based on the Constitution of the Republic of Ecuador; Organic Law of Jurisdictional Guarantees and Constitutional Control; jurisprudence and precedents issued by the Constitutional Court of Ecuador and contemporary doctrinaires. To file a protection action, only the quality of citizen is required, therefore, it can be presented by any person at the time when their rights have been violated either by a public authority or by private persons. One of the peculiarities of this constitutional judicial process is that its character is not residual; Therefore, the objective of this work is to analyze the protection action as a mechanism to guarantee the fundamental rights of people in the Ecuadorian legal system, for which a qualitative approach based on the documentary bibliographic analysis was used.

Keywords

• garantías jurisdiccionales
• acción de protección
• corte constitucional
• debido proceso
• vulneración de derechos.