Implementación de un sistema alternativo para vigilar el cumplimiento de los términos establecidos en la acción de protección.

Abstract

The Constitution of the Republic of Ecuador of 2008 established various jurisdictional guarantees as mechanisms for protecting fundamental rights. The focus of this study is on the most commonly used jurisdictional guarantee, which is the protection action. The study of the protection action is relevant because this jurisdictional guarantee safeguards and protects the validity of constitutional rights and ensures that there are no omissions by non-jurisdictional public authorities or private individuals. In this sense, the research objective is to determine whether the lack of a specified time frame in Article 14 of the Organic Law on Jurisdictional Guarantees and Constitutional Control (2009) for convening a hearing once it has been suspended and/or once the judge has formed an opinion on the violated rights, violates the purpose of the protection action. Additionally, the research aims to highlight the need for the Judiciary Council to implement automatic monitoring to ensure that the purpose of the protection action is fulfilled. The study follows a qualitative cohort design, and analyticalsynthetic and descriptive methods will be applied. Through these methods, the study aims to demonstrate the necessity of implementing an alternative monitoring system.