Galo Blacio Aguirre.
Lawyer and Doctor of Jurisprudence.
Professor of Private Technical University of Loja.
Postgraduate studies in Fundamentals
in political law at the UNED (Spain).

The Constitutional Action Amparo.
Etymologically Amparo means, prevent, to be safe before something happens. Action and effect to safeguard and benefit.

Definition of Amparo.
The definition of defense largely depends on the scope and content that takes this guarantee every Constitution and the constitutional development of each country. This reality has determined that some tratadistas consider under cover as a subsidiary or alternative action and others like it stems from our Constitution as an act of nature primary, higher and totally independent.

Garcia, as defined under the “protection and enforcement of law: action and effect of dispensing justice by the organs of the jurisdiction.” [1]

Couture, referring to the action as “the legal power that has everything subject of law, to go to court to claim the satisfaction of a claim…… both the individual seen in action to redress its own personality, community sees it fulfilling one of its highest purposes, or the effective realization of the guarantees of justice, peace, security, order, freedom, as reflected in the Constitution.” [2] And in terms of appeal, says “is the means to contest proceedings, with the aim to review the act and eventually be modified” [3]

What is the Action Amparo?
The main rule in the Ecuadorian legislation governing the Constitutional Action Amparo found in Article 95 of the Political Constitution of Ecuador, which states: ‘By this action, which shall be dealt with summarily and preferentially will require action urgent to stop, prevent or remedy the commission immediately the consequences of an unlawful act or omission by a public authority, which violates or may violate any right enshrined in the Constitution or a treaty or international agreement in force and that, so imminent , Threatening to cause serious harm. “Thus giving the opportunity to propose” action “to defend before any organ of the judicial function and following a process that can be appealed before the Constitutional Court Ecuadorian lawmakers understood that this is a different process itself or more according to the same standard for a new operation.

This means that the constitutional legislator foresee the certain possibility, daily and continuing an act of illegitimate authority, which has not only injured but is in imminent possibility of hurting the rights, namely that consideration of the legislature is planned much more Apart from the consummation of an act punishable and provides an effective solution when certain circumstances make it possible signs and the role of an unlawful act that is precisely what constitutes the imminence of the act.

Departing in this form of the general principles of law in civil and criminal matters which fall in its action on certain facts, realities on consumption and not on possibilities or circumstances of imminent as is the case here. The rule empowers then to bring amparo through a specific procedure that is characterized by its brevity, urgency, immediacy in the adoption of the measures planned to safeguard those rights. Therefore grants competition, away from the general procedures of the judiciary or the civil courts request of the territorial section that is consumed or can produce effects the unlawful act violates the constitutional rights protected. This means that regionalization or territorial delimitation of judges both in civil and criminal matters in which at the time was a cantonal was overtaken by this specific competence which no longer refers to a canton, but the territorial section that is consumed or can produce effects that act. As another peculiarity of the appeal concerning the prohibition of inhibition of the judge or court before which the stand as clearly laid down under Art. 47 of the Constitutional Law on Control who comes to be the regulatory body for processing of procedural constitutional.

It should be noted that as an exception inhibiting a judge for knowledge and judgement of amparo is given by considerations of family ties or kinship.

It is important to note that sometimes uses the term “Appeal of Amparo” but, as I saw it in 1994 in which an attempt was made for the first time of their incorporation into the supreme law is not an appeal within the meaning procedural law-or an appeal challenging a judgement or other court order, but a guarantee of the rights recognized by the Constitution, by action. More accurate would be talk of “Action Amparo” or simply “Amparo”, as does the codification of 1998. Also used in the literature and in other legal systems, such as Colombia, “Guardianship” or Guardianship Constitutional. “[4]

As may warn the other is the flow that places the Constitutional Court in its audit work of monitoring the performance of courts, as a body if it wants with another hierarchy and otherwise conformation constitutional outside the judiciary, But the reverse is under way all the proceedings of this, and its resolutions can overturn a judgement that this outrage a fundamental right.

The defense in the different countries and different procedures taken connotations therefore it is not the same talk for defense, in Mexico, Spain or as Dr Juan Larrea Holguin motioned the, guardianship Colombian, Chilean or an application for protection in brazil’s mandate seguranca “commandment security,” but we can recover all of them some general characteristics:

1 . - It ensures the effectiveness of personal rights, is universal.
2. - East procedural extraordinary.
3. - East procedural subsidiary.
4. - East procedural that has constitutional status, so the vast
Most regulated by the constitution.
5. - It is intended to remedy urgently constitutional rights,
to which requires a special procedure.
6. - It is preferred, simple and brief summary.
7. - Avoid irreparable injury. [5]
8. - It is preferred; its passage is a matter of urgency.
9. - Contents therefore is not formalistic and routed the judge to hear the proposed trial.

Who can propose an Action Amparo?
Within the Constitutional Control Act, the Government and legislators have referred to the “Action Amparo ¨ to anyone, for their own rights or legitimate representative of a community, can propose an amparo before the body of Judiciary, appointed by law.

Likewise, you can do any natural or legal person when it comes to environmental protection.

This action may also be brought when they infringe or violate rights enshrined in international instruments in force; actions by individuals when directed against community interests, collective rights or diffuse, or by acts and omissions of State or empowered or dealers who provide a service public.

Moreover, amparo constitutes an effective guarantee and nimble, without it being possible to implement procedural rules aimed at delaying its release “.[6]

What is the Constitutional Law on Control?
The Constitutional Law on Control published in the RO No. 99, July 2, 1997 viabilizar amparo guarantees to protect citizens against acts abusive, authoritarian, arbitrary behavior arrogant, intolerant, illegal public authority. Action is the definition that gives the Constitution to guarantee this, because they have no legal precedent, and resort when the resolution of the competent judge, is appealing to the Constitutional Court.

---

[1] GARCÍA Falcón, José C., El Juicio Especial por la Acción de Amparo Constitucional, 1era. Ed., Quito, 2002, pág. 95.[2] COUTURE Eduardo J. Fundamentos del Derecho Procesal Civil. 4ta. Edición. Edit. B de F. Montevideo. 2002. Págs. 47 y 48

[3] COUTURE, Eduardo J. Ob. Cit. Pág. 278

^[4] LARREA, Holguín Juan, Derecho Constitucional, Corporación de Estudios y Publicaciones, Quito, 2004, Pag.312-313

[5] Cfr. ORDOÑEZ, Espinosa Hugo, Hacia el Amparo Constitucional en el Ecuador, PUDELECO Editores S.A. Quito, 1995, pag.48-49.

[6] MEDINA Jiménez, Raúl, Principales Reformas a la Constitución Política de la República del Ecuador, Corporaciones de Estudios y Publicaciones, Quito, 1998, pág. 6