La naturaleza del procedimiento coactivo, así como las facultades de los juzgadores y la relevancia del principio de unidad jurisdiccional.

Abstract

Article 281 of COA establishes that the executors -entities that exercise coactive collection - may impose protective measures – seizure of property, withholding funds and prohibition of transfer- and only in case of a personal protective measure – prohibition on leaving the country - should they request it from a competent judge. This means that an administrative official, who is not imbued with jurisdiction - the power to judge and the execution of judgment - is able to order protective measures that directly encumber the assets of a person, which breaks the principle of jurisdictional unity, according to which only the members of the judicial function, specifically judges, are in charge of administering justice, thus issuing judicial resolutions - protective measures in this case -, which instead leads to legal uncertainty, because the rules became uncertain to people, especially the principle of jurisdictional unity established in the Constitution.