Las medidas cautelares constitucionales en Ecuador
Journal Title: Revista Jurídica Crítica y Derecho - Year 2021, Vol 2, Issue 2
Abstract
This paper analyzes the central aspects of constitutional precautionary measures in Ecuador, as mechanisms that favor people's access to justice and effective judicial protection of their rights. The study focuses on the period 2008-2002, validity of the Constitution of the Republic of Ecuador and the Organic Law of Jurisdictional Guarantees and Constitutional Control, which aims to regulate the constitutional jurisdiction, in order to jurisdictionally guarantee the rights recognized in the Constitution and in international human rights instruments. From this foundation, the central objective is to perform a critical-reflexive analysis about the operation of the constitutional precautionary procedure in the country, based on the rules offered by the aforementioned laws. For this, a methodology focused on the qualitative approach has been used, in which the bibliographic - documentary review has been the main method used. This has been done with the use of instruments such as bibliographic signing, which has allowed to determine the main doctrinal and legal documents that have allowed us to meet the identified objective. From this, it has been demonstrated that, in effect, the Ecuadorian legal system recognizes constitutional precautionary measures, which have a connotation different from ordinary precaution, due to the nature of the law they protect. It is not deepened in specific cases, so it is worthwhile to continue deepening their treatment by constitutional judges.
Authors and Affiliations
Román José Luis Terán Suárez
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