Cumplimiento de la tutela judicial efectiva dentro de la acción extraordinaria de protección.

Abstract

Effective judicial protection has always been the basis of a fair society in law; it guarantees not only access to justice, but also the initiation and respect of all other guarantees of a fair and dynamic process. In our nation, the relationship with effective judicial protection had its genesis late and it was not until the 1998 Constitution that it began to form a written part of our legal system. Key to social peace due to its ability to resolve conflicts adequately through the courts, it is part of a select criterion by jurists. In Ecuador this right has been exercised with certain shortcomings, for which we intend to analyze in this work the predominant role of the Constitutional Court as the highest rector of the matter, which has defined that effective judicial protection is made up of access to justice; respect for the constitution in the development of the process in a reasonable time and the execution of the resolution taken. Following these parameters, and invoking the literalness of the norm, as well as the interpretation of the Constitutional Court itself, we delve into a systematic non-compliance and violation of rights by the same entity, since the resolution times of their own cases have an average of more than four years, excessive time when processing cases in which constitutional rights are violated or could be violated, as well as their recent line of interpretation within the extraordinary protection actions in which they determine that the court cannot review the merits of jurisdictional decisions, which also violates the right to appeal.