DENATURALIZATION OF THE PROTECTION ACTION WITHIN THE ECUADORIAN JUDICIAL SYSTEM: ANALYSIS OF SENTENCES

Abstract

The protection action established in Article 88 of the Ecuadorian Constitution is a fundamental legal mechanism designed to provide immediate and effective protection of constitutional rights against violations by public authorities or private entities holding public power. Nevertheless, its judicial application has undergone significant distortion, with excessive use in contractual, labor, and administrative disputes, undermining its original function as a safeguard for fundamental rights. This empirical, multimodal study examines court decisions issued between 2020 and 2024 to identify structural, regulatory, and legal factors contributing to this deviation, including judicial saturation and jurisprudential inconsistency. The study proposes reforms to restore its protective nature, such as judicial training, removal of procedural barriers, and standardization of legal criteria. These measures aim to reinforce effective access to justice and ensure consistent constitutional protection.