La acción de protección como garantía eficaz de protección de los derechos, análisis del concepto de residualidad

Abstract

In Ecuador, since 2008 precisely, the new Constitution had come into force bringing along a number of important innovations compared to the Political Constitution of 1998, according to the new Ecuadorian State model a constitutional State of rights, several Jurisdictional guaranties have been implemented which aim to protect the Fundamental rights. Among these guaranties we can find the new Protection Proceedings as Jurisdictional guaranties for the constitutional rights, which replaces the Constitutional protective action of 1998 Constitution. We must emphasize that the Constitutional protective action as a guarantee of rights, was exclusively a precautionary action which suspended the adverse effects of a wrongfully act. What we currently known as protecting proceeding constitutes progress in the defense of rights, being a proper Jurisdictional guarantee in which the rights are acknowledged, protected and remedied from arbitrary and abusive use of power. This investigative work reviews general aspects of Protection proceeding as Jurisdictional guarantee, defined by its residual application that risks the effective protection of Constitutional rights in Ecuador.