La justicia ordinaria como mecanismo para evadir la tutela de un derecho en la acción de protección.

Abstract

The present investigation had the general objective of proposing an amendment to the Organic Law of Jurisdictional Guarantees and Constitutional Control, referring to the protection of tutelary law in the protection action and ordinary justice. As specific objectives, analyze the theoretical foundation of the protection action and the right to effective protection, determine the violated rights in ordinary justice procedures as mechanisms to avoid the right to protection in the protection action and design a proposal for modify art. Art. 42 of the Organic Law of Jurisdictional Guarantees and Constitutional Control on the process of application of the protection action and effective protection. Among its most outstanding results, it was observed that many practicing lawyers use this action in order to avoid the ordinary route and benefit from the extraordinary protection action procedure. It was concluded that the protection action is the most su³itable way to go. It exists in accordance with current legislation to avoid the violation of a constitutional right, and that they are inherent to each citizen. Lastly, the National Assembly was recommended to amend the Organic Law of Jurisdictional Guarantees and Constitutional Control by deleting paragraph 4 of article 42 of the Organic Law of Jurisdictional Guarantees and Constitutional Control, as well as to reform paragraph 1 of article 41 eiusdem.