Las medidas cautelares en el Ecuador

Abstract

Precautionary measures in Ecuador are analyzed in this monograph as a tool for the protection of human rights, which are acknowledged in the Constitution of our republic. Jurisdictional guarantees are studied within Ecuadorean legislation, analyzing the internal and external justification for the action of precautionary measures, and the reason for these in Ecuador. A study of the characteristics of precautionary measures is undertaken, focusing on them within Ecuadorean constitutional laws, and the precautionary measures in the Constitution of 2008. The justification for the precautionary measure is analyzed, studying its characteristics, requisites for its presentation, the conjoint presentation of the protection action and precautionary measures, and finally, the admissibility of the action of precautionary measure. The legal steps for the precautionary measure action are studied, and an analysis regarding admission, inadmissibility, denial and concession of precautionary measures is made. The content of precautionary measures adopted by a judge is also studied, as well as their Judicial Effect and the Revocation of the precautionary measure by the actor or the demanded. Reference is made to the Considerations of the Constitutional Court of Ecuador. Finally, an analysis of the challenge and appeal resources is made, ending with the respective conclusions.