Las medidas cautelares en el proceso contencioso administrativo.

Abstract

The essence of Administrative Law aims to achieve a balance between the privileges, the guarantees of the Public Administration, and citizens. Precautionary measures are mechanisms for the protection and preservation of rights, which constitute a limit to the privilege of administrative enforceability and make it possible to subject that prerogative to judicial control. In this sense, the present paper analyzes the precautionary measures, its concept, legal nature, characteristics and theoretical assumptions for its granting, and then move to the analysis of the suspension of the administrative act, as the only precautionary measure in the Ecuadorian administrative litigation process. In that manner to reach the conclusion of the imperative need for a regulatory reform to article 330 of the Código Orgánico General de Procesos, in order to break the normative deadlock; and thus, ensure effective judicial protection of rights. Therefore, the relevance of this paper demonstrates the urgent need to strengthen an adequate regime of precautionary protection, by virtue of the suspension of the administrative act as the only precautionary measure.