La proporcionalidad de las medidas cautelares en el procedimiento coactivo.

Abstract

This paper delves into the exhaustive study of the proportionality of precautionary measures in the context of coercive procedure. The coercive procedure, being an essential tool to ensure compliance with obligations, demands a delicate balance between the necesity to ensure the effectiveness of precautionary measures and respect for the fundamental rights of the subjects involved. The public institutions of Ecuador have the power to recover the State's patrimony without resorting to the judicial function due to coercive jurisdiction. However, the collection officials in charge of imposing the precautionary measures with the objective that the debtor fulfills his function are not judges trained in the judicial school, they are officials of the institutions themselves, so their impartiality when imposing the precautionary measures may be questioned, which may affect their proportionality. The main objective of this investigation is to evaluate how the principle of proportionality is applied when decreeing and executing precautionary measures in the coercive procedure. By highlighting the importance of applying proportionality as a fundamental guide in the imposition of precautionary measures in the coercive procedure, this thesis advocates for a more equitable administration of justice and respectful of individual rights. Ultimately, the aim is to improve the coherence and legitimacy of the coercive procedure by guaranteeing the effectiveness of precautionary measures.