La acción de protección mecanismo de defensa de los derechos fundamentales y constitucionales.

Abstract

This paper analyzes the Protection Action as a mechanism for defending fundamental and constitutional rights in Ecuador, with the main objective of examining its practical application and its impact on legal certainty. It also examines the role of this mechanism for defending rights against acts or omissions by non-judicial public authorities or individuals that violate fundamental rights, especially in situations where ordinary processes prove insufficient or ineffective. Based on various representative and jurisprudential cases issued by the Constitutional Court, it is evident how the Protection Action has been used to challenge administrative and judicial decisions that affect rights such as health, labor, and the environment. However, there is also a risk of misuse, which can lead to procedural overload and legal uncertainty. This essay describes the constitutional principles that underpin this guarantee, as well as the challenges inherent in its implementation. Likewise, there is a need to establish strict admissibility criteria, strengthen the training of judicial officials, and promote technical implementation that is proportional and consistent with the objectives of the rule of law and constitutional justice.