Acción de protección y su indebida aplicación en los procesos constitucionales ecuatorianos
The general objective of the investigation was to carry out a legal analysis on the protection action as a constitutional guarantee and its incorrect application in the Ecuadorian legislative processes. From a quantitative perspective and through a bibliographic-documentary exploration, in order to...
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Main Authors: | , , |
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Format: | Article |
Language: | Spanish |
Published: |
2021
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Subjects: | |
Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8965317 |
Source: | Iustitia Socialis: Revista Arbitrada de Ciencias Jurídicas y Criminalísticas, ISSN 2542-3371, Vol. 6, Nº. 11, 2021, pags. 126-140 |
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Summary: |
The general objective of the investigation was to carry out a legal analysis on the protection action as a constitutional guarantee and its incorrect application in the Ecuadorian legislative processes. From a quantitative perspective and through a bibliographic-documentary exploration, in order to obtain more information by reviewing documents, research data, texts, laws, and regulations. With the support of the analytical-synthetic method, it facilitated the detailed analysis of the study problem. The Ecuadorian legal system has a guarantee nature, so the powers and functions of the State must abide by and faithfully comply with its precepts. As a conclusion, it is stated that the protection action is capable of protecting and realizing the enjoyment of regulatory rights, since even in a State with an almost perfect legal system, there will always be a disconnect between constitutional norms and factuality, giving rise to a narrow but irreducible margin of illegitimacy. |
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