La Acción de Protección como garantía eficaz de derechos en la provincia del Cañar durante el periodo 2022-2023

Abstract

Protective action in the Ecuadorian constitutional law is an essential mechanism for safeguarding fundamental rights against violations by public authorities or actions that infringe upon them. However, its effectiveness is a matter of debate, especially concerning the remedial measures granted by judges. This research examines whether such measures effectively restore violated rights within Ecuador’s constitutional framework. The study addresses the effectiveness of the action for protection as its central focus, analyzing how judicial decisions contribute to repairing affected rights. Specifically, it evaluates whether the remedies ordered, such as the restitution of rights, the reinstatement of prior conditions, or material compensation, achieve their intended objectives effectively and within a reasonable timeframe. This research concentrates on the province of Cañar, analyzing specific rulings issued in 2022 and 2023 to evaluate this mechanism’s efficacy. It employs a documentary review, along with historical-logical and inductive-deductive methods, which provide a comprehensive understanding of this mechanism. The study explores the scope and challenges of its implementation, emphasizing the need for a deeper understanding to enhance its effectiveness. The article concludes by describing the efficacy of the protective action as a mechanism to defend individuals’ fundamental rights in Ecuador. Keywords: protective action, province of Cañar, legal guarantee