Desnaturalización de la acción de protección y abuso del derecho en Ecuador.

Abstract

The Constitutional Writ of Protection in Ecuador constitutes a jurisdictional guarantee aimed at ensuring an effective judicial solution for constitutional rights against acts or omissions by non-judicial public authorities. Nevertheless, a progressive doctrinal distortion is evident in legal practice, manifested in its improper use as a surrogate for ordinary authority. These results in an abuse of processes that severely undermines legal certainty. The objective of essay is to analyze the causes, manifestations, and consequences of the abuse of rights doctrine within the exercise of this constitutional writ in the Ecuadorian legal framework. Methodologically, this study adopts a qualitative approach, utilizing documentary analysis of legal scholarship and jurisprudential review of rulings issued by the Constitutional Court of Ecuador, which facilitates the identification of recurring patterns of vexatious litigation regarding this guarantee. Key findings demonstrate that this distortion materializes through practices such as the systematics disregard for admissibility thresholds, the recurrent filing of claims with identical subject matter, and the instrumentalization of constitutional justice for purposes alien to its core nature. The conclusions that this phenomenon constitutes a manifestation on the abuse of rights that subverts the primary objective of the constitutional writ, compromises structural principles of the legal order, and undermines the efficacy of constitutional justice. Consequently, it is imperative to consolidate jurisprudential standards and procedural stringent ethical training for lawyers.