El efecto no suspensivo de la acción extraordinaria de protección.

Abstract

The Constitution of the Republic of Ecuador and the Organic Law of Jurisdictional Guarantees regulate the extraordinary action of protection and the non-suspension of the judgment or appealed cases. The non-suspensive effect of the extraordinary protection action could affect several people to whom, a subsequent constitutional sentence, recognize and declare a violation of rights. This would result in a comprehensive repair order for the benefit of the actuator. That non-suspension of the contested judicial decision affects legal certainty, since the purpose for which it was conceived is not fulfilled: safeguarding constitutional rights when they have been violated in a process by the judges or, if it does not reach its special protection functionality for the rights recognized in the Constitution, since in the practical exercise anomalies coexist in the speed of the substance and the processes of extraordinary protection actions. The development of this project is based on doctrinal and jurisprudential studies, which indicates a need to propose viable solutions in order to safeguard compliance with constitutional rights.