Acción de Protección : su eficacia como mecanismo de tutela de la propiedad privada rural.

Abstract

The Ecuadorian legal system has evolved over the years, considering that the law, being dynamic, has brought the existence of mechanisms to achieve the protection of the rights that our Magna Carta provides. By this, we refer to the Jurisdictional Guarantees, specifically to one of them, the so-called Protection Action, especially to its effectiveness as a mechanism for the protection of the right to property, in its rural dimension. However, although it is true that such right is not declared by means of constitutional justice and that it has other methods to obtain and preserve it through civil proceedings, as well as a wide doctrinal development on the same, the treatment of ordinary justice in the face of a possible existence of real disturbance to the rural property does not provide a speedy solution to the citizens who could be deprived of their declared right. Consequently, by means of the Protection Action, it is possible, in an agile manner, to obtain prevention and total compensation with respect to acts or omissions that cause a violation of the constitutional right to private rural property.