Unidad de Posgrado

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Author: search.filters.author.Quishpe Cherres, Lucia Elizabeth

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    La acción de protección y el procedimiento probatorio en el derecho constitucional ecuatoriano
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-10) Quishpe Cherres, Lucia Elizabeth; Jordán Buenaño, Janeth Elizabeth
    This research work is initially directed at the study of the jurisdictional guarantee of protective action, its origins, conceptual evolution, characteristics, as well as its normative evolution in Ecuador, linked to its effective assessment in the face of the violation of constitutional rights and its direct relationship with evidence, starting from the analysis of the principles that surround it, its characteristics and importance, as well as the constitutional right to evidence as a guarantee of proof. From which, the inexistence of a procedure that regulates the performance of the evidence in the jurisdictional guarantee of the protection action is specified. Therefore, the presumption of the lack of a specific evidentiary procedure in the jurisdictional guarantee of protection action is confirmed, which generates a violation of the right to due process. Constitutional law in its exercise of guardianship and custody of constitutional rights and constitutional guarantees is directly affected by the lack of regulation of evidence in the Organic Law on Jurisdictional Guarantees and Constitutional Control, considering that this is the law that regulates the functioning of the Constitutional Court and the procedures of constitutional control in Ecuador. Hence the need to establish a procedure for the taking of evidence in the area of jurisdictional guarantee of the action of protection. Based on the fact that this jurisdictional guarantee is characterized by the protection demanded by a different legal discourse than the one that has traditionally been used in Ecuador, it requires progressive rationality, constituting a doorway to the solution of rights violations.