Las sentencias judiciales en las acciones de protección y la reparación integral al legitimado activo

Abstract

The protection action in the Ecuadorian legislation is considered as an effective and adequate constitutional mechanism whose purpose is the protection of constitutional rights and rights recognized in the international treaties, as established by the new Paradigm of the Constitutional State of Rights, with reparatory effects. The budgets of admissibility and origin of the protection action are provided in the Constitution of the Republic of Ecuador and in the Organic Law of Jurisdictional Guarantees and Constitutional Control. The investigation established the importance of determining there are judgments where it are determined there are problems of pure legality, this occurs, because the application of the protection action is deviated by mere legality, in contrast to the provisions of the Constitution of the Republic of Ecuador and in the Organic Law of Jurisdictional Guarantees and Constitutional Control. It leads that the judges to stop fulfilling their job as guardian of legality, for actions that have no constitutional or legal basis, causing excessive procedural burden in the proceeding of judicial processes. In the investigation, was used the qualitative – quantitative method since numerous protective actions were analyzed, it are indamisible, perhaps because lawyers to avoid a long process choose to present cases that do not have violations of constitutional rights but simply refers to violations of ordinary rights or of mere legality. So it is clear that there is a denaturation of the protective action. From the analysis of the results of the investigation, the need for the creation of an admission room in the Judicial Unit of the Canton Ambato was established, which will have the power to select demands for protection actions as long as there are processes with the identity of the object of protective action in order to avoid procedural burden in judicial units.