La acción extraordinaria de protección y su falta de procedimiento para la recuperación de compensaciones económicas de sentencias ejecutoriadas.

Abstract

The judicial process in Ecuador has developed slowly but progressively, according to the decades of government political tuning that has been experienced in the country, the judicial system requested changes, the previous process that was developed in written collapsed; and, this is where the relevance of the Ecuadorian procedural system that is given since the implementation and reform of the constituent framework, which led to new procedural standards, such as the oral procedure, creating figures in legal body called Constitution of the Republic of Ecuador, approved in Montecristi 2008, here comes the jurisdictional guarantees, whose procedure is determined in the Organic Law of Jurisdictional Guarantees and Constitutional Control, no doubt the informality that entails their procedural impulse makes them accessible to all social classes, so which is intended to prevent harm to vulnerable groups, which was the cradle for the creation of other legal standards such as COIP, COGEP; but any process is not perfect and it is very important to analyze The Extraordinary Protection Action, is a legal figure implemented with the Constitution of the Republic issued in 2008, whose competence for knowledge, admission and resolution is the Constitutional Court, a procedure that is established in the Organic Law of Jurisdictional Guarantees and Constitutional Control that does not contemplate the legal actions to be followed for cases in which the judges of the instance were considered to have violated a Constitutional right to the Ecuadorian State, a situation that previously had to be repaired economically by judgments "that should never have been issued", the current non-existence of the procedure determine the steps to be followed for the recovery of canceled values, when the ordinary court decision is ineffective in a constitutional order and the amount owed must be returned to the previous state: the one that should never have been paid for economic values.