Abuso del Derecho y Desnaturalización de Garantías Jurisdiccionales

Defining the abuse of law and whether this action denatures jurisdictional guarantees, particularly the action of protection and precautionary measures, it is important in Ecuador, which is defined as a State of rights and justice, in which these are judicially enforceable; if it is also considered that Ecuadorian society tends to go to courts for different objectives and purposes, is pertinent conceptualize it, identify theirs characteristics, review theirs causes and discover the generated effects. The severity problem was required that the President of National Court of Justice presents to the National Assembly a reform bill to the Organic Law of Jurisdictional Guarantees and Constitutional Control, and also that the Constitutional Court intervene, which in use of its power to generate binding jurisprudence, issues guiding criteria describing the abuse of the law, prevent its commission by proponents and lawyers, and directing the procedural actions of justice operators.