Estudio jurídico y doctrinario acerca de la eficacia de la acción de protección ante la vulneración del derecho a la igualdad y no discriminación en el Ecuador.

Abstract

This degree work is part of the legal and dogmatic study of the right to equality and non-discrimination enshrined in our Constitution, and how the protection action acts as a defense mechanism against the violation of constitutional rights, in addition, it is analyzed Comprehensive reparation and its forms established in the Organic Law of Jurisdictional Guarantees and Constitutional Control (LOGJCC) as the right of victims who have suffered violation of the right to equality and non-discrimination, which is the object of study in this investigative work. Discrimination in our country must be analyzed by administrators of justice in a cautious way, since it can be confused as a hate crime or a crime of discrimination, typified in the Comprehensive Organic Criminal Code; It is the duty of the judges to duly motivate the sentences at the time of denying a protection action, and in case of granting it, apply the appropriate forms of comprehensive reparation that allow compensation for the damage caused by the violation of the right, and with this, the victim can return to the previous state in which it was before the violation of constitutional law occurred.