La acción de protección: concepción como proceso declarativo o de conocimiento en el contexto de la seguridad jurídica con base a la jurisprudencia de la Corte Constitucional del Ecuador comprendida entre los años 2019-2022.
ABSTRACT: Art.88 of the Constitution of the Republic of Ecuador establishes the protection action as a response to the violation of a fundamental constitutional right by a non-judicial public authority, which coincides with what is established in the Organic Law of Jurisdictional Guarantees and Cons...
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| Formaat: | masterThesis |
| Taal: | spa |
| Gepubliceerd in: |
2023
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| Onderwerpen: | |
| Online toegang: | http://dspace.unach.edu.ec/handle/51000/11737 |
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Voeg label toe | Samenvatting: | ABSTRACT: Art.88 of the Constitution of the Republic of Ecuador establishes the protection action as a response to the violation of a fundamental constitutional right by a non-judicial public authority, which coincides with what is established in the Organic Law of Jurisdictional Guarantees and Constitutional Control (LOGJCC) when declaring the violation of a specific right. However, the Constitutional Court has determined that all jurisdictional guarantees are declarative, knowledge and reparation, which contradicts what is established in article 42. Quantitative research in law refers to the collection and analysis of numerical data in order to discover patterns and relationships between legal variables. For example, researchers can use statistical data to examine the impact of certain laws or regulations. They can also use mathematical models to evaluate how changes in the law may affect citizens' behavior. Although the State, in various ways, tries to guarantee that the Rights of individuals are protected, everything depends on the application of the rules in an integral manner and in case of confusion, obscurity or lack thereof, the Constitutional Court must create binding jurisprudence that resolves the legal conflict between the norms contemplated in the Constitution. Therefore, it is concluded that the State seeks to ensure that the Rights of individuals are under adequate protection, however, problems may arise if the application of the rules is not complete. In these cases, the Constitutional Court must determine jurisprudence that resolves the conflict between the norms of the Constitution. Keywords: protective action; guarantee; declarative; processes |
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