Reparación integral en la acción de protección : responsabilidad objetiva del estado.

Abstract

The subject of tthis thesis is to address and explain the integral reparation granted in favor of the person who obtains an estimate judgmenet in constitutional actions suits, taking as a reference the doctrine, the “ratio decidendi” which contains constitutional interpretations in sentences issued by the Constitutional Court of Ecuador, to determine a common proceeding for reparation due to the declaration of violation of. constitutional rights by the Public Administration, either by action or omission of the Ecuadorian State agent and therefore, giving rise to objective state responsibility. Likewise, through work it is sought to explain in a concise way the treatment that has integral reparation has been received at the moment of the admission of the Protection Action, between the last 10 to 15 years, taking as reference the legislation issued before the Constitution of the 2008, and those issued later, especially the Organic Law on Jurisdictional Control and Constitutional Control. Finally, it is emphasized that the legal problem of this thesis is that the monetary quantification of the damages, as a integral reparation way, must not been substantiated by other processes, like Constitucional Court says through its judgment.