Ineficacia de las providencias preventivas en el Código Orgánico General de Procesos.

Abstract

The right to effective judicial protection is a fundamental procedural right that allows everyone to access the jurisdictional body to request the protection of their rights, in order to avoid or cease the threat or violation of their rights. To ensure compliance and effectiveness of said fundamental right, it is important to guarantee compliance with precautionary protection, which is a response measure against the danger of damage that the delay of a process could cause on the right that is discussed, thus guaranteeing the effectiveness of resolutions. This right materializes through appropriate precautionary measures, and its scope of application should not be restricted to specific types of precautionary measures. The Ecuadorian legal system provides in the General Organic Code of Processes, preventive measures typified in an exhaustive manner, establishing requirements for the justification of their origin. However, the regulation of said preventive orders is typified, since the effect of this alludes to a preventive guardianship and not a precautionary guardianship, which is imperative to modify and clarify.