Las garantías constitucionales y la acción extraordinaria de protección en la Constitución de la República del Ecuador

Abstract

Since the constitution of 2008 was adopted, our country has seen a series of significant changes, mainly related to the constitutional guarantees. In this paper a detailed study has been conducted of each of these constitutional mechanisms, which guarantee the protection of the rights recognized in the domestic legal system and in the international law in favor of the people.

Initially, the new advances in constitutional guarantees established in the Constitution of 2008 are presented in relation to the guarantees prescribed in the political system of 1998. The paper develops an analysis of each of these constitutional mechanisms, normative guarantees, institutional, public policies, and jurisdictional making a reference to the institutions that are covered by each of them.

The second part of the paper analyzes particularly the new jurisdictional guarantee. The extraordinary action of protection a mechanism by which any injured person who feel their fundamental rights in judgments, by action or omission of ordinary judges, challenge such judicial decisions. A brief allusion to the repair in case of violation of fundamental rights; a comparative law analysis provides about the theme, precisely of the protection action in Colombia and the action of protection in Spain. Finally, the paper concludes with the analysis of a sentence, which declared with place the extraordinary action of protection.