La exigencia de la prueba en la tutela cautelar constitucional.

Abstract

The precautionary measures are a legal instrument that allows immediate action in the face of an imminent threat or violation of fundamental rights, avoiding their consummation or repetition, but due to current regulations is misused by users, who abuse them because the law of the matter exonerate them from presenting evidence that justifies the alleged facts. So, in the course of my investigation I will explain how the test affects constitutional rights such as, the right to defend, proof and motivation of the taxpayer, in such a way that, I will analyze its legal nature, definition, elements and procedures according to the L.OG.JCC; and I will end, with the need of a concrete proposal of normative reform that requires that a minimum test be provided without the need to affect the informality and speed of the procedure.