Acción de Protección y Amparo Constitucional: Estudio comparado entre Ecuador y México
Year: 2024
Type: article
Abstract: This article about constitutional injunction in Ecuador and writ of protection in Mexico. It aims to delve into these two legal appeals in their respective systems, as the fundamental legal mechanisms for the protection of human rights that they are. In Ecuador, constitutional injunction is characterized by its speed and accessibility, which allows for an expeditious defense of fundamental rights, although it may bring about judicial saturation. In Mexico, a writ of protection, although more technical and complex, offers a wide scope by allowing challenging a ruling of various authorities, even though its complexity can limit access to justice. Jurisprudence in Ecuador has strengthened constitutional injunction, establishing important precedents, while, in Mexico, the execution of the writ of protection sentences faces significant challenges, including the resistance of authorities to comply with them. Socially, constitutional injunction has empowered vulnerable groups in Ecuador while, in Mexico, the writ of protection has had a mixed impact, being used both to protect rights and to stop public policies. This article displays a detailed bibliographic review with examples of both appeals so that the reader can effectively understand the phenomenon studied.
Source: Misión Jurídica
Institutions: Universidad Técnica de Ambato, Universidad Indoamérica
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4405100607