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Author: search.filters.author.Albán Suntásig, Méndelson Fabricio

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    La acción extraordinaria de protección y la tutela judicial efectiva en derechos constitucionales en el Ecuador
    (Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-10) Albán Suntásig, Méndelson Fabricio; Espín Meléndez, María Cristina
    Under the principle that Ecuador is a Constitutional State of Rights and Justice, a wide range of principles and guarantees have been positivized in its 2008 Constitution. Among them is the Extraordinary Action of Protection, as a jurisdictional guarantee available to citizens, whose purpose is the protection of fundamental rights, when they have been violated in a final decision by an administrator of justice. However, at present, the statistics of the Constitutional Court of Ecuador reflect a high rate of inadmissibility of the demand for this action, which poses a risk to effective judicial protection in guaranteeing access to justice. The importance of this research work lies in identifying the factors that lead to this problem; since the inadmissibility of this action would imply the violation of a constitutional right and therefore of related rights, violating legal certainty. In response to this problem, the aim is to explain in a clear manner the legal assumptions suitable for the substantiation of this jurisdictional guarantee, promoting its correct use. To carry out this task, methodologically, explanatory research has been used, with quantitative, qualitative and inductive approaches; relying on the documentary technique and observation for the adequate and coherent collection of information from primary and secondary sources. Approaches and techniques that provide the researcher with the necessary arguments to explain the cause-effect relationship of the problem based on a hypothesis. This work is framed within the research line: public policies, law and society; and includes statistics and recent jurisprudence that favors the correct use of the Extraordinary Protection Action
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    La acción extraordinaria de protección y la tutela judicial efectiva en derechos constitucionales en el Ecuador
    (Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-09) Albán Suntásig, Méndelson Fabricio; Espín Meléndez, María Cristina
    Under the principle that Ecuador is a Constitutional State of Rights and Justice, a wide range of principles and guarantees have been positivized in its 2008 Constitution. Among them is the Extraordinary Action of Protection, as a jurisdictional guarantee available to citizens, whose purpose is the protection of fundamental rights, when they have been violated in a final decision by an administrator of justice. However, at present, the statistics of the Constitutional Court of Ecuador reflect a high rate of inadmissibility of the demand for this action, which poses a risk to effective judicial protection in guaranteeing access to justice. The importance of this research work lies in identifying the factors that lead to this problem; since the inadmissibility of this action would imply the violation of a constitutional right and therefore of related rights, violating legal certainty. In response to this problem, the aim is to explain in a clear manner the legal assumptions suitable for the substantiation of this jurisdictional guarantee, promoting its correct use. To carry out this task, methodologically, explanatory research has been used, with quantitative, qualitative and inductive approaches; relying on the documentary technique and observation for the adequate and coherent collection of information from primary and secondary sources. Approaches and techniques that provide the researcher with the necessary arguments to explain the cause-effect relationship of the problem based on a hypothesis. This work is framed within the research line: public policies, law and society; and includes statistics and recent jurisprudence that favors the correct use of the Extraordinary Protection Action.