Incidence of the Distortion of Jurisdictional Guarantees with a Focus on the Abuse of Law

Abstract

This study analyzes the legal effects of the distortion of jurisdictional guarantees in Ecuador, specifically focusing on the abuse of law in the constitutional sphere. Through an analysis of rulings issued by the Constitutional Court and a doctrinal review, it identifies how the misuse of constitutional actions, such as the Protection Action (Acción de Protección) and Habeas Corpus, deviates from its original purpose, generating negative implications in the justice system. The research is developed under the criteria of inclusion of documents related to jurisdictional guarantees and abuse of law, focusing on the Ecuadorian context. The findings suggest that the lack of control and effective sanctions contributes to a collapse in the judicial system, weakening public confidence in it. The study concludes with recommendations to improve the management of these guarantees through the implementation of more rigorous controls and clear guidelines for judges and lawyers, thus promoting the correct application of constitutional justice in Ecuador.