La configuración de las medidas cautelares de conformidad con la actual jurisprudencia de la Corte Constitucional.

Abstract

The present degree work aims to establish how the constitutional precautionary measure action is currently configured, verifying its effectiveness as a jurisdictional guarantee. Within this investigation the theoretical dimension of the precautionary measures is defined, reviewing their nature, objective and criteria of various recog-nized authors in this matter, in addition, the Constitution of Ecuador and the Organic Law of Jurisdictional Guarantees and Constitutional Control are examined and inter-preted with personal criteria. In order to identify the scope and guidelines of the precautionary measures, the mixed method is used, that is, the qualitative and quantitative method. The first approach delves into the analysis of the current jurisprudence issued by the Constitutional Court, which were chosen to address greater interest in the object of this investiga-tion, on the one hand, it was found how the precautionary measure action is devel-oped; and on the other, on how the Constitutional Court has determined the inadmis-sibility of presenting an extraordinary protection action and an action for non-compliance to demand the execution of a precautionary measure resolution. The following approach is found with the analysis of surveys carried out on 19 judges and 31 lawyers in Ecuador, in order to complement the present study and define cer-tain criteria on constitutional precautionary measures through the experience and knowledge of the respondents . Finally, the conclusion is reached on how the constitutional precautionary measure is currently configured, and that in a constitutional State of rights and justice in which we find constitutional precautionary measures, it is essential that the judges guarantee the effective judicial protection of the process and protect people's rights, which must also be guaranteed by the Constitutional Court.