The protection action as a guarantee of direct and effective protection of constitutional rights

Abstract

The protection action in force in the Constitution of the Republic of Ecuador constitutes a mechanism of direct and effective protection and protection of constitutional rights, a particular that has been a novelty and an example for the Latin American region and for the world, despite the criticisms and insufficiencies that still arise in its application. The protection action, as legally provided, corresponds to the logic of a constitutional State of rights, since it is an agile, effective, expeditious procedural provision, without formalities, that can be established by any person and in the event of any action. or omission that violates constitutional rights or in the face of the threat of violation of these rights, within which new developments such as “good living” or the rights of nature have been included. Beyond the questions to this jurisdictional guarantee, it continues to be a broadly protective action of rights, which requires being consolidated in practice and defended by legal professionals.