Las medidas cautelares y la obligatoriedad de ser conocidas por la Corte Constitucional.

Abstract

The purpose of this research is to analyze the reasons why precautionary measures are not reviewed in their entirety by the Constitutional Court, the development of this work will be framed in the review of current regulations and the criteria set out by the Court Constitutional itself, when by exception precautionary measures have come to their attention, in order to determine whether or not it corresponds, that they are known through an extraordinary protection action or only by the criteria wielded by the Constitutional Court in this regard. Likewise, the different criteria developed by the Inter-American Court of Human Rights will be analyzed, regarding the application of precautionary measures as a means to avoid or stop the violation of human rights that have been ratified by Ecuador in the different international instruments that are part of the constitutionality block, as well as the different doctrines regarding whether or not the precautionary measures should be known by the Constitutional Court by virtue of the fact that the Constitution of the Republic indicates it and does not prohibit it, but the Organic Law of Jurisdictional Guarantees restricts it, an attempt will be made to establish whether or not there is a degree of affectation in the face of this inconsistency found in the current regulations, that it is considered that the autonomous precautionary measure can be known by the Constitutional Court.