Abuso en la utilización de la acción de protección y acción extraordinaria de protección.

Abstract

In Ecuador there is a problem that has been developing in the legal field, which is the existence of abuse in the use of two jurisdictional guarantees: action of protection and extraordinary action of protection. These guarantees were incorporated in the Ecuadorian legal system in order to protect the rights contained in the Constitution of the Republic, but they are denaturalized and misused by the subjects of law wanting to give them a use that is not indicated by the Ecuadorian legal system and the Constitutional Court. There are several mechanisms that can and must be used before filing a jurisdictional guarantee as in the action of protection and extraordinary action of protection respectively; there are matters of mere legality that are not within the jurisdiction of the constitutional jurisdiction; and, a large number of requirements that must be met before being able to go to the constitutional jurisdiction. Thus, there are several ways in which there is abuse in the use of the filing of the protective action and extraordinary protection action. This brings a great deal of inconveniences and problems in the constitutional sphere, being the constitutional judges who have to deal with all the work arising from the demands of these two legal figures. The denaturalization of these guarantees and their incorrect use only leads to an abuse in the presentation of these, being necessary to take measures to avoid the continuation of the legal problem.