La legitimación activa “popular” y la tutela efectiva en la acción de inconstitucionalidad en Ecuador

Abstract

The article analyzes the active legitimacy and effective judicial protection of the public action of unconstitutionality in Ecuador. The study showed that citizens and collectives had no real possibilities for their unconstitutionality claims to be accepted by the Constitutional Court. Based on quantitative and qualitative methods, the claims filed and the judgments issued between 2008 and 2018 were examined; information which allowed for the review of jurisprudential developments of popular action conceived as broad and without restrictions. When comparing the data with the contents of the jurisprudence, the results were incompatible, citizens were not able to effectuate the constitutional control in favour of their rights despite the fact that the sentences allude to the popular nature of the action. On the other hand, it was verified that the actions presented by companies and the State were effective, being favorable to their economic interests and public powers.