La acción de protección : frente a la vulneración de derechos que se cometen en el sector público.

Abstract

The protection action as a jurisdictional guarantee is the most widely used in Ecuador, and its application as a resource of last resort has become common. Both judges and legal professionals may have satisfactory results when applying it according to the knowledge they have based on factual elements and procedural requirements. The objective of the research is to propose a strategy that contributes to better use the protection action, and that does not ignore in particular issues of legality that are still used by the administrators of justice and ignore the constitutional doctrine on violated rights. The methodology used within this research is mixed due to the purpose of this study, which is to identify the problem of the excessive use of this jurisdictional guarantee due to the violation of rights committed by public institutions of the state. The issue contributes positively to constitutionally protect the rights of individuals in the public sector by concentrating this Investigation in the Ministry of Government of the Province of El Oro, in the Migration Support Service of the city of Huaquillas, since many acts and resolutions have been committed that are not in accordance with the Constitution of the Republic violating due process, legal certainty, lack of motivation, and effective judicial protection, being the State Guarantor of these rights towards society.