Conflictos jurídicos entre la justicia ordinaria y la constitucional, en cuanto a la acción de protección, análisis normativo y jurisprudencial.

The following project is entitled "Legal conflicts between ordinary and constitutional justice, regarding action of protection, normative and jurisprudential analysis" and arises from the need to address the action of protection correctly. According to code 88 of the Constitution of the Republic of Ecuador specifies that the purpose of an action for protection is the direct and effective protection of the rights recognized in the Constitution. An action for protection may be filed when constitutional rights are violated that are not protected by other jurisdictions. Specifically in number 4, Code 42 of the Organic Law of Jurisdictional Guarantees and Constitutional Control states, as a general rule, that in cases where a protection action does not proceed, no action for protection can be filed if judicial channels can be used to challenge the administrative act, unless such channels are demonstrated to be inadequate or ineffective. The action for protection is applicable to any act or omission that violates or has violated the rights that impairs, diminishes or nullifies their enjoyment or exercise. Attorneys typically file an action for protection whenever a violation of rights occurs, because they know that the constitutional remedy is not a substitute for the ordinary remedy. Additionally, without having attempted the administrative, ordinary, and judicial remedies and establishing that these are not appropriate, attorneys prefer to go directly to the constitutional remedy to get a quicker result, without paying attention to the fact that not all disputes have a foundation in the remedy of action. Not all violations to the legal system necessarily have a place for debate in the constitutional sphere, since for conflicts in matters of legality there are suitable and effective ways within the ordinary jurisdiction. As a result of misuse of the action for protection, cases are saturated with constitutional proceedings, which means that the processes that truly require an action for protection, since human rights are being violated and ordinary means of protection have already been exhausted, cannot be discovered with the speed required to protect the breached right

• Autor principal: Maza Criollo, Sergio Alexander (author)
• Formato: bachelorThesis
• Idioma: spa
• Publicado em: 2023
• Assuntos: <DERECHO>; <CONFLICTOS JURIDICOS>; <ACCION DE PROTECCION>; <ECUADOR>
• Acesso em linha: https://dspace.unl.edu.ec/jspui/handle/123456789/26392