La interposición de la acción extraordinaria de protección, por parte del estado en calidad de legitimado activo.

Abstract

The general objective of this investigation was to establish doctrinal and jurisprudential grounds that the State can only be the holder of Extraordinary Protection Actions when procedural rights are violated. Within the background of the study, the research by Dr. Pamela Aguirre entitled "The transformation of the sources of the Ecuadorian system: the constitutional precedent" was taken as a basis, as well as the investigation by Doctors Agustín Grijalva and Ramiro Ávila entitled "Efficiency of the Normative and Jurisdictional Constitutional Guarantees in Ecuador ”. The methodology used in this research was clearly qualitative, based on the analysis of the most outstanding judgments of the Constitutional Court of Ecuador in relation to the active legitimacy of the State to exercise the Extraordinary Protection Action. In this study, a discussion was evidenced in relation to authors such as Ramiro Ávila, who believes that the State cannot exercise an Extraordinary Protection Action, but on the other hand, it was evidenced in the criteria of another sector of the doctrine such as Rafael Oyarte, who It starts from the criterion that, based on the principle of procedural equality, if the State sees its adjectival rights violated, if it can attempt this action. As a result, this investigation showed that public entities are capable of filing demands for extraordinary protection actions when procedural rights are violated, which is why it is concluded that such actions must be carried out with the utmost responsibility.