The action for the protection of rights as a declaratory or knowledge procedure and legal certainty

The research will examine the doctrinal current that has been adopted in the Ecuadorian reality in relation to the action of protection of constitutional rights. According to the Constitution, Art. 88 states that, the protection action aims to provide immediate and effective protection to the rights recognized in the Constitution, and is presented when there is a violation of such rights. In this sense, when the direct and effective protection of the rights is fulfilled, the action is considered of knowledge, since the person has the right to request the guarantee of protection of his rights, which have already been recognized by the Constitution. This is in line with the provisions of the LOGJCC, in particular Article 42.5, which establishes that the action does not proceed when the plaintiff's claim is the declaration of a right. Based on this, it is considered that the action of protection is of knowledge, in line with the constitutional provisions. The methodology applied is the qualitative approach, which allows the collection of data through theoretical sources. It was concluded that the action of protection is a declaratory action that the Constitutional Court uses to protect violated rights.