La garantía de los derechos humanos en un Estado constitucional de derechos y justicia: la acción por incumplimiento en el Ecuador

This thesis examines the action for non-compliance, which is one of the jurisdictional guarantees that has been embodied into the Ecuadorian legal system since the adoption of the current Constitution in 2008. The latter action is regarded as one of the key innovations of the framework grounding on "The Constitutional State of Rights and Justice" of Ecuador. This new model, which constitutes one of the most representative processes of the new Latin American constitutionalism, is analyzed alongside the study of other legal frameworks that have been used in different times and spaces with the aim to guarantee human rights; to this end, the dissertation grounds on the analysis of the obligations of States regarding Human Rights at the regional and universal levels. Under these premises, the dissertation presents a comparative study of similar mechanisms that have been established in several other countries. Finally, the analysis focuses on the systemic study of the judgments issued by the Ecuadorian Constitutional Court from 2008 to 2018 in order to determine whether the principles of the constitutional state of rights and justice can be materialized in the domain of constitutional justice. Noteworthy is the consideration that the Constitutional State of Rights and Justice acknowledges the inclusion of its own critical and plural systems, whose analysis has been the central axis of this academic work.