La desnaturalización de la acción de protección y la declaración de prescripción adquisitiva extraordinaria de dominio: análisis del caso No. 1178- 19-JP de la Corte Constitucional, en el Ecuador

Abstract

In this legal case study, an analysis is carried out of the denaturalization of the protection action within case No. 1178-19-JP, which was known and resolved by the Constitutional Court of Ecuador, regarding the declaration of the extraordinary acquisition prescription ownership of real estate through protection action No. 08252-2011-0759, with the purpose of determining whether the Constitutional Court took into account the constitutional precedents regarding the protection action applicable to the specific case and to verify if indeed The protection action was distorted, therefore, the sentence issued by the Constitutional Court will be analyzed within the previously indicated cause, in order to respond to the stated objectives. The nature of the protection action and the extraordinary acquisitive prescription action of domain will also be analyzed in the doctrine and in the following regulatory bodies of Ecuadorian legislation: the Constitution of the Republic of Ecuador (CRE), the Organic Law of Guarantees Jurisdictional and Constitutional Control (LOGJCC), the Ecuadorian Civil Code and the General Organic Code of Procedures (COGEP). With the objective of identifying, within ordinary justice, what is the ideal mechanism to declare the extraordinary acquisition prescription of ownership of real estate in the Ecuadorian legal system.