Regresar

ADMISSIBILITY AND EFFECTIVENESS OF THE EXTRAORDINARY ACTION OF PROTECTION IN SANTO DOMINGO DE LOS TSÁCHILAS

Abstract:

The extraordinary action of protection (AEP) is a new jurisdictional guarantee implemented in Ecuador since the Constitution of 2008, which has been developed in recent years through the jurisprudence issued by the Constitutional Court. The objective of this scientific article was to identify the reasons why there is a high rate of inadmissibility of PEAs filed against decisions issued in the province of Santo Domingo de los Tsachilas during the year 2020. The research was qualitative-quantitative, and the results included statistical data on the number of PEAs that have been filed and the percentage of those that were admitted for processing, as well as interviews with lawyers. After the development of this work, it was concluded that the abusive use of the AEP by those in the legal profession has as a consequence the denaturalization or superimposition, that is to say, it is sought that the Court superimposes itself over the ordinary justice system by trying to resolve facts that should have been corrected in the pertinent instances, As most of the arguments in the AEPs are based on disagreements with respect to the erroneous application of the law or the erroneous interpretation of the law by the judges being challenged.