The Misuse of Extraordinary Protection Measures: Constitutional Guarantee or Procedural Strategy?

Abstract

The objective of this work is to carry out an exhaustive analysis of the acción extraordinaria de protección (AEP) within the legal system of Ecuador; starting from its constitutional recognition to the study of the causes for which this jurisdictional guarantee can be admitted. The study seeks to clarify its evolution and true scope. The main emphasis of the article focuses on investigating the distortion of the action when it is presented as a resource to try to correct errors that must be analyzed by ordinary justice. This raises the question of whether the AEP is truly fulfilling the purpose for which it was created—namely, serving as a mechanism to protect constitutional rights when they have been violated by judicial acts or omissions—or whether it has become merely a tool to hinder procedural efficiency and delay due process.

Keyords: Jurisdictional guarantee, acción extraordinaria de protección, constitutional rights, Constitutional Court, denaturalization