Procede una acción extraordinaria de protección contra un auto que declara la nulidad de un proceso.

Abstract

With the promulgation of the Constitution of Montecristi in 2008, the Ecuadorian State passed the classic scheme of State of Law to one of constitutional State, of rights and justice, giving rise to what the doctrine calls constitutionalist. The new Magna Carta, besides welcoming the classic bipartite structure, according to which the constitutions had a dogmatic and an organic part, established a System of Guarantees that allows a much more balanced relationship between the organs of power (organic part) and fundamental rights (dogmatic part). Within this System of Guarantees is included the subtype of jurisdictional guarantees, among which the extraordinary protection action stands out, whose purpose is to protect constitutional rights and due process in judgments, final orders and responsibilities with the sentencing forces. However, our Constitutional Court in its Admission Chamber has had a serious conflict when determining what should be understood by a "final order", causing that there is no uniform thinking for the admission of extraordinary protection actions with respect to cases concrete, as deduced against orders that declare the nullity of a process. Thus, this study aims to analyze the feasibility of the admission of this type of action against the aforementioned orders, for that will proceed to outline a comprehensive analysis of the concepts of self, nullity and regulatory budgets required by the Constitution.