El abuso de la acción de protección como parte de la politización de la justicia
ABSTRAC The present study addresses the issue of abuse of protection action as part of the politicization of justice in Ecuador. In recent years, there has been an increase in the improper use of this legal tool in political cases, in which a violation of constitutional rights has not been demonstra...
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| Format: | bachelorThesis |
| Jezik: | spa |
| Izdano: |
2023
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| Online dostop: | http://dspace.unach.edu.ec/handle/51000/12151 |
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Označite | Izvleček: | ABSTRAC The present study addresses the issue of abuse of protection action as part of the politicization of justice in Ecuador. In recent years, there has been an increase in the improper use of this legal tool in political cases, in which a violation of constitutional rights has not been demonstrated. To carry out this analysis, various methods were used, such as the dogmatic and legal approach, which involved a detailed analysis of the Constitution, international instruments and relevant legislation. In addition, a case study was carried out, examining the presentation of different protection actions by politicians. Also, techniques such as surveys and interviews were used, applied to lawyers and judges, to obtain a more complete perspective of the problem. During the development of the study, recurring patterns were identified in the demands presented by certain political actors, which suggests the existence of possible political motivations behind said actions. The cases of the former president of the National Assembly, the former president of the Council for Citizen Participation and Social Control, and the former mayor of Quito were specifically examined. The results showed signs of a politicization of justice by popularly elected authorities, in which they use these legal mechanisms to remain in office and avoid being removed or dismissed. This finding points out a significant problem that needs to be addressed to safeguard the integrity of the judicial system and the correct application of protective action as an instrument for the protection of constitutional rights. Keywords: protection action, politicization of justice, rights, constitutional law, jurisdictional guarantees. |
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