Jurisprudencia y Ciencias Sociales

URI permanente para esta comunidadhttp://repositorio.uta.edu.ec/handle/123456789/892

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Autor/a: search.filters.author.Morales Rodriguez, Jhony AlexanderTema: search.filters.subject.ACCESO A LA JUSTICIA

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    Item type:Ítem,
    Estudio jurisprudencial de la acción de protección en las sentencias de la Corte Constitucional y el derecho al acceso a la justicia
    (2025-08-04)
    Morales Rodriguez, Jhony Alexander
    ;
    Espín, María Cristina
    This research work, titled "Jurisprudential Study of the Action for Protection in the Rulings of the Constitutional Court and the Right to Access to Justice," was developed using a qualitative approach. The study employed various methods, including the inductive, historical-legal, casuistic, hermeneutic, and bibliographic-documentary methods, as well as the analytical-synthetic level. The applied techniques comprised the analysis of constitutional rulings and interviews with legal professionals, using tools such as an analysis matrix and an interview guide. The general objective was to examine the influence of constitutional jurisprudence on the action for protection with respect to the right of access to justice. The specific objectives included: exploring Ecuadorian legislation concerning both legal institutions; analyzing their jurisprudential development; and establishing their practical and doctrinal interrelation. The theoretical framework addressed the historical and normative evolution of the action for protection as a jurisdictional guarantee in Ecuador. Likewise, the right of access to justice was analyzed as a fundamental right enshrined in the Constitution. The results obtained demonstrate that the action for protection has been extensively developed by the Constitutional Court through its jurisprudence, serving as an effective mechanism for the protection of constitutional rights that have been violated, thus ensuring access to justice. The analyzed rulings revealed a progressive use of the action for protection of rights, establishing regulations and addressing topics such as the principle of subsidiarity, the non-distortion of the action’s nature, and its flexible application in cases where ordinary remedies prove ineffective. In conclusion, the study shows that the action for protection is an essential tool within the Ecuadorian constitutional system, wherein constitutional jurisprudence has significantly contributed to the realization of the right to access to justice, positioning the Constitutional Court as an active guarantor in the defense of constitutional rights.