La falta de eficacia en el cumplimiento de las medidas cautelares constitucionales.

Abstract

Precautionary measures are legal mechanisms whose purpose is to avoid the imminent constitutional rights violation that may prevent the execution of a competent authority’s ruling. These precautionary measures also try to prevent the dangers that, in any situation, may come up in the meantime between the proposition act and the final ruling, perhaps provoking the lack of executability of a decree, its inutility or its inefficiency. That is the reason why these measures try to equilibrate these dangers with the contingency of a positive derivation in favor of a legitimate actor. These precautionary measures, after a thorough analysis from a judge, may even end up granted; meanwhile, the defeated party is probably not willing to comply them, leading to a greater risk of a possible constitutional harm to the plaintiff. This degree work is focused on the analysis about the lack of efficacy in the compliance of the constitutional precautionary measures and the proposition of solutions towards this thematic, with the sole purpose to enhance its efficacy so the defeated party is obliged to compel.