Tutela judicial efectiva frente a la inadmisibilidad de las acciones de protección en la LOGJCC.

Abstract

The writ of protection is established as a fundamental constitutional guarantee within the legal mechanisms that seek the effective protection of fundamental rights. Based on this legal reality, it is necessary to emphasize that its main legal objective is to guarantee that citizens have real access to their constitutional rights at all levels. Therefore, its application must comply with the provisions of legal norms such as Article 89 of the Constitution of the Republic and Article 39 of the Organic Law of the Judiciary and Constitutional Courts (LOGJCC). Based on this legal reality, a conflict is evident between the constitutional scope of the protection action and the grounds for inadmissibility of the Organic Law of the Constitutional Court (LOGJCC) contemplated in Article 42. This is because there is a restrictive and formalistic application that distorts the broad constitutional design of the protection action, resulting in an erroneous transformation of a direct, effective, and immediate jurisdictional guarantee into a residual mechanism that is difficult to access. This affects effective judicial protection, making it clear that the grounds for inadmissibility, if applied without prior substantive control and without justification, constitute a direct impact on legal certainty, as contemplated by the Constitutional Court of Ecuador in Judgment No. 001-16-PJO-CC