We defend your company when a protection action (acción de protección) is brought against it, and we use constitutional guarantees when a government act affects its rights. We litigate before provincial courts, the Constitutional Court and international bodies.
The Constitution does not protect individuals alone: it also protects the companies that create jobs. And when a constitutional guarantee is misused against them, they deserve an equally firm defense.
Each guarantee has its own purpose, requirements and deadlines. Choosing the right path is the first step of a sound strategy; these are the ones we use most often.
To protect constitutional rights against acts or omissions of public authorities and, in certain cases, of private parties.
To prevent or immediately stop a threat to, or violation of, a right while the merits are decided.
Before the Constitutional Court, against final judgments and orders that violate due process or other rights.
To access, update, correct or delete information about the company held in public or private records.
When an entity denies, or only partially provides, information the company is entitled to obtain.
To ask the Constitutional Court to strike down a law or regulation that is contrary to the Constitution.
We act on both sides of the guarantee: when the company needs protection from the government, and when a constitutional action is brought against it.
When an employee, customer or third party files a protection action against the company, we assess whether it meets the legal requirements and build the defense from the first hearing.
We review constitutional precautionary measures issued against the company and request their revocation when they are not justified.
When a decision by a public authority affects the company's rights and no other adequate remedy exists, we prepare the action and any urgent measures that apply.
We demand access to, correction or deletion of information about the company, as well as access to the public information it is entitled to.
We take final judgments and orders that violate due process or other rights of the company before the Constitutional Court.
We file public unconstitutionality actions against laws and regulations, and handle cases before the Inter-American Commission on Human Rights (IACHR) and the Inter-American Court of Human Rights.
Constitutional litigation often intersects with other areas of law. We work alongside our administrative law, civil law and labor teams to choose the most appropriate path in each case.
On May 11, 2023, we filed a public unconstitutionality action. The Constitutional Court declared the term “demente” (insane) in the Civil Code unconstitutional, replacing it with “persona con demencia” (person with dementia).
Defending and filing actions.
Urgent response to threats.
Judgments that violate rights.
Laws contrary to the Constitution.
Information about the company.
Access to government data.
Litigation at first and second instance.
Cases before the IACHR and the Inter-American Court.
Matters in which we have defended companies against constitutional actions, described without revealing our clients' identities.
The Labor Chamber of the Provincial Court of Pichincha upheld our defense: the protection action did not meet the requirements of the Organic Law on Jurisdictional Guarantees and Constitutional Control, and our client was not the proper respondent.
We defended the insurer against a protection action that was dismissed as inadmissible, since no constitutional rights had been violated.
Every case is different. Results in previous matters do not guarantee a similar outcome in other cases.
We listen to your situation in full confidence and review the information available.
We identify risks, outstanding obligations and priorities for your company.
We propose the roadmap, timeline and team, including any other practice areas of the firm that need to be involved.
A lead lawyer coordinates everything and keeps you clearly informed at every step.
Leaders League has ranked Fexlaw in the top band for Criminal Law and Compliance in Ecuador for six years running. Chambers and Partners and the intellectual property rankings also recognize us for our anti-piracy work.
Lawyers experienced in constitutional, civil and administrative litigation, backed by the entire firm.
Practice leadGeneral answers to common questions. Every company is different: write to us so we can review your situation.
Yes. Legal entities hold constitutional rights, such as due process and legal certainty, and may invoke this guarantee when an act or omission by an authority violates them and no other adequate remedy exists.
The law allows it against private parties in specific cases, for example when they provide public services or when the affected person is in a position of subordination or defenselessness. Reviewing whether those requirements are met is the foundation of the defense.
Act immediately: hearings are scheduled on very short notice. Gather the documents related to the facts and seek legal advice to prepare the defense before the hearing.
They are urgent orders a judge may issue to prevent or stop a threat to, or violation of, a right. They can be requested together with a protection action or on their own, and they can also be challenged when they are not justified.
Against final judgments and orders that violate due process or other constitutional rights, once ordinary remedies have been exhausted. It is filed with the same court that issued the decision and decided by the Constitutional Court, within short deadlines.
Choose the option that best describes your situation and we will message you directly on WhatsApp to book a confidential initial meeting.
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