Inconstitucionalidad de la prohibición de presentar medidas cautelares conjuntamente con la acción extraordinaria de protección.

Abstract

For the argumentation of this research work, within the first chapter, the legal problem that arises with the application of the aforementioned article will be specified, in addition, the criteria established by various doctrinaires and authors will be taken into consideration, which will refer to precautionary measures. of a constitutional nature and their opinions will also be established on jurisdictional guarantees, especially on Extraordinary Protection Action. Within chapter two I will analyze the normative inconsistencies that exist between the constitution and article 27 of the LOGJCC, in addition to the study of the contradictions that are presented in the same law; The purpose of this is to determine that there is a violation of rights by not allowing the filing of a constitutional precautionary measure together with a jurisdictional guarantee. After carrying out the research work, a conclusion will be reached with which a recommendation can be suggested so that the Ecuadorian legal system has greater efficiency and the legal problem raised has a real and enforceable solution.