Right to Defense and Legal Security in Extraordinary Protection Actions

Abstract

This paper analyzes the Extraordinary Action of Protection as a constitutional mechanism in Ecuador, focusing on its legal nature, conditions of admissibility, and its relationship with due process, the right to defense, and legal certainty. The research is conducted through a doctrinal-methodological, normative, and jurisprudential approach, utilizing the analysis of relevant rulings issued by the Constitutional Court, review of constitutional regulations, and the study of specialized doctrine. The elements that configure the admissibility of the Extraordinary Action of Protection are examined, such as the existence of a final judgment, violation by action or omission of constitutional rights, the exclusive competence of the Constitutional Court, and the exhaustion of judicial remedies. The objective was to determine whether the Extraordinary Action of Protection guarantees access to justice against judicial decisions that restrict fundamental rights. The study evidenced tensions between procedural formality and the effective guarantee of rights, proposing a reflection on the need to strengthen mechanisms of constitutional control. The contribution consisted of offering a critical perspective on the application of the Extraordinary Action of Protection, promoting a more rights-guaranteeing and accessible constitutional justice.