Límite de las medidas cautelares y su arbitrariedad en su aplicación.

Abstract

In this investigation into precautionary measures and their arbitrariness in their application, the role of precautionary measures in the legal field will be examined in detail, focusing particularly on their application and effectiveness in the criminal justice system. The different existing precautionary measures will be explored, highlighting their purpose and the circumstances in which they are imposed. The aim is also to analyze in-depth how these legal actions can be used unfairly or excessively, which can affect the rights and reputation of the individuals involved. The lack of clear criteria and the discretion of judges can lead to subjective and imbalanced decisions, thus potentially violating the fundamental rights of individuals involved in the process. Additionally, the disproportionate impact this can have on individuals with fewer resources or influence will be addressed, creating a disparity in access to justice. The objective is to propose solutions and recommendations that promote equity, transparency, and respect for human rights in the application of precautionary measures, ensuring a more fair and equitable judicial system for all.