JURISPRUDENCIA

Permanent URI for this community

JURISPRUDENCIA

Now showing 1 - 1 of 1

Open Access
Análisis jurídico de la admisibilidad y procedencia de la acción de protección en el Ecuador, durante el año 2018
(Pontificia Universidad Católica del Ecuador Sede Ibarra, 2021-07) Burbano Carvajal, Miguel Ángel
The protection action in the Ecuadorian State is intended to protect constitutional rights against violations carried out by natural or legal persons, who have the power to go before the competent judicial body, to demand the prevention, or the cessation and reparation of the right violated. In this way, the problem has turned into analyzing, in a descriptive way, the admissibility and origin of the protection action, the elements and requirements of the same. It is a formal analysis of the procedure of the action of protection, a procedure that has been involved in various interpretations by the various actors in the constitutional process. However, the highest body for the interpretation of the Magna Carta, the Constitutional Court, has specifically referred to the grounds for inadmissibility, which could end with the filing of the action from the beginning of the same, while everything happens. Opposed to the issue of provenance, which must be supported at the hearing and the judge may reasonably resolve in his sentence, the existence or not of one or more grounds of inadmissibility.