The action for protection as a jurisdictional guarantee of constitutional rights

Abstract

The protection action is the most widely used jurisdictional mechanism in Ecuador to ensure the effective safeguarding of constitutional rights against potential violations caused by acts or omissions of public authorities, or even by private individuals acting in the exercise of public functions or directly affecting fundamental rights. This remedy, enshrined in the Constitution of the Republic, has become a key tool for the realization of the principle of constitutional supremacy and genuine access to justice. This article provides a detailed examination of the legal nature of the protection action, the admissibility criteria established by legislation and jurisprudence, as well as its practical effectiveness in the Ecuadorian context. A qualitative methodology of a doctrinal-jurisprudential nature was employed, complemented by interviews with justice operators and a comparative analysis with similar mechanisms existing in other Andean countries. The findings show that, although the protection action has helped guarantee essential rights such as health, education, and access to information, significant challenges remain regarding the lack of uniformity in judicial criteria, the overload of the constitutional jurisdiction, and the limited public awareness of its scope. In this sense, it is concluded that it is necessary to strengthen the ongoing training of judges, broaden the social dissemination of the remedy, and promote standardized protocols to ensure a coherent and effective application throughout the country.