La acción de protección y el alcance de la sentencia de primera instancia

The text highlights the importance of the Constitution of the Republic of Ecuador and its focus on being a constitutional state of rights and justice, as well as the fact that jurisdictional guarantees are fundamental to ensuring the protection of constitutional rights, analyzing suitable legal mechanisms to access the judicial system and achieve the demanded protection. Specific reference is made to the jurisdictional guarantee of the "Acción de Protección" (Protective Action), which is widely used today but faces issues of compliance and inefficiency in its execution. This is because, in practice, a favorable first-instance judgment is not immediately enforced, but rather confirmation or revocation at the second-instance level is awaited, prolonging the violation of constitutional rights. The research examines whether the lack of compliance and inefficiency of the first-instance judgment extends the violation of the demanded constitutional right, and whether this judgment represents a measure of reparation and protection of constitutional rights, aiming to expose the issues that plaintiffs face when trying to enforce the protection of their fundamental rights, especially against the State. This report has successfully undertaken a legal and doctrinal study of the scope and effectiveness of the first-instance judgment in the protective action. Through the methods of Analysis- synthesis, Historical-logical, and Dogmatic-legal, as well as empirical methods and document analysis, we are able to emphasize the need to incorporate legal mechanisms that, when obtaining a favorable first-instance judgment in the protective action, ensure effective legal protection by the State against the alleged violation of the right.

• Main Author: Reyes Barahona, Santiago David (author)
• Format: masterThesis
• Language: spa
• Published: 2023
• Subjects: DERECHO CONSTITUCIONAL; SENTENCIA; PROTECCIÓN DE DERECHOS; ACCIÓN DE PROTECCIÓN
• Online Access: https://dspace.unl.edu.ec/jspui/handle/123456789/27873