Medidas cautelares como garantías jurisdiccionales de manera autónoma y su injerencia en la independencia en la investigación por parte de la fiscalía : análisis de la causa NRO. 09284-2019-03186 dentro del expediente fiscal NO. 240301819040050.

Abstract

The precautionary measures, originally conceived for the protection of patrimonial assets or for the preservation of the structure of the process, are justified mostly when the protected asset is the human rights guaranteed in the Constitution or in international instruments for the protection of human rights; the granting of precautionary measures implies the materialization of the prevention exercised by the judge through effective procedural protection. Organic Law of Jurisdictional Guarantees and Constitutional Control, indicates that any person or group of people may file a request for precautionary measures, verbally or in writing, before any judge; and its objective is to avoid or stop the threat or violation of the rights recognized in the Constitution and in international instruments on human rights; By virtue of this, considering the final paragraph of article 27 of the Organic Law of Jurisdictional Guarantees and Constitutional Control, and judgment No. 068-18-SEP-CC, issued in case No. 1529-16-EP, the Court Constitutional, establishes that the Prosecutor's Office, being a procedural party, does not exercise jurisdictional functions, so the decisions of the Judges proceed on fiscal actions, a situation that threatens the autonomy of the Prosecutor's Office, as well as the reservation of the Prior Investigation; The study of case No. 09284201903186, Petition for Autonomous Precautionary Measure, within the tax file No. 240301819040050 shows that both the granting of precautionary measures, as well as their modulation, violates the autonomy of the Prosecutor's Office as the holder of the criminal action.