El uso indebido de la acción de protección.

Abstract

Ecuador marks a great advance in terms of the protection of human rights, this as a result of its transformation into a Constitutional State of Rights that is linked to the neo-constitutionalist current adopted in the 2008 Constitution, so that the mechanisms have been reinforced that allow direct and effective protection of constitutional rights through jurisdictional guarantees which have been expanded. In the present work we will focus on the action of protection, which has meant the most considerable progress and that has a great difference from, as we will see below, about its predecessor, the action of constitutional protection, but that nevertheless said evolution of the same has allowed an abuse that leads to the fine line that today separates constitutional law from the ordinary judicial process. To identify this problem, we will focus on specific elements that give rise to the existing problem, not without first making a brief emphasis based on neoconstitutionalism and what the transformation to a guarantor State implies, in the same way we will detail the importance of constitutional judges in time to decide and motivate their decisions to finally analyze specific cases that allow us to better understand the abuse and misuse of protection action.