La acción de protección como garantía constitucional de protección a los derechos humanos en Ecuador

Abstract

The constitutionalization of human rights occurs progressively and each legal system incorporates certain particularities that allow the respect and fulfillment of these rights in a better way. In the case of Ecuador, the Constitution of the Republic of 2008, of a guarantee nature, promotes compliance with constitutional rights in all areas of social life. In the same way, in the face of possible violations, actions or omissions against human and constitutional rights, it contemplates legal mechanisms, among which is the action of protection. The objective of this article is to analyze the aforementioned action, as a constitutional guarantee and its capacity to protect human rights in Ecuador, through the normative, bibliographic and sentence review in cases where the violation of human rights has been declared and constitutional rights from the filing of protection actions. It is concluded that said action is an ideal mechanism for the protection of human and constitutional rights that are not protected by other constitutional actions, that its breadth of legitimate assets and liabilities contributes to making it a fundamental tool in a State of rights.