Challenges in the Ecuadorian Judicial System regarding the Admission of Protection Actions and their Nature

Abstract

This article analyzes the structural and legal challenges of the Ecuadorian judicial system in the application of the tutela action, identifying that 42% of admitted cases reveal legal gaps that allow its improper use in property and administrative litigation. The jurisprudential hermeneutics of 22 rulings (2013–2024) reveal contradictions in standards such as sufficient reasoning (30% of cases) and undue flexibilization in lower courts. A standardized admissibility protocol, training in constitutional hermeneutics, and regulatory reforms are proposed, projecting a 60% reduction in distorted uses. The findings underscore the need to balance legal certainty and effective protection in accordance with inter-American standards.