Legitimación del estado para presentar acciones de protección.

Abstract

Ecuador has established jurisdictional guarantees for the protection of rights, mainly against public actions. One of them is the Protection Action that has been spread successfully since 2008, succeeding the old protection appeal. However, there is a risk that the area of application of this guarantee can be denature resulting in the abuse of this action. In this particular case, the limits of the State to file as plaintiff the protection action will be analyzed. Ecuadorian Jurisprudence has established recently standards for the active legitimation of public institutions. But, it is relevant to deepen in the object of this action, in the rights that it protects, the types of active legitimation, among other aspects to determine if Ecuadorian Constitutional Court has resolved this legal problem completely or failing that, other criteria can be determined and recommended.