ACCIÓN DE PROTECCIÓN: ANÁLISIS DE LEGALIDAD Y VULNERACIÓN DE DERECHOS

Abstract

The present essay studies in depth the figure of the jurisdictional guarantee, called protection action whose objective is the assurance of the full exercise of the rights contained in the Constitution and in the International Human Rights Instruments, the breakdown of each one of the aspects inherent to the figure that concerns us, allows us to identify the limits and scope of it, since it would be antagonistic to propose an action that allows the violation of constitutional rights, hence, the present work focuses on the analysis of the legality of Protection Action from the perspective of the development of constitutional rights, its exercise and violation, as expressed in the Constitution of the Republic of Ecuador and in the Organic Law of Jurisdictional Guarantees and Constitutional Control, being therefore imperative to conduct a study depth of the figure of Action of protection with the purpose of and to establish if the guarantee fulfills its teleological purpose, insofar as its characteristics can lead to an improper use and therefore to the ineffectiveness of the figure.