Uso adecuado de las Medidas Cautelares en el Ecuador.

Abstract

This thesis addresses the proper use of precautionary measures in the Ecuadorian judicial system, highlighting their importance as provisional legal instruments that seek to protect fundamental rights, prevent irreparable harm, and ensure the effectiveness of proceedings. An analysis is conducted of the current legal framework, specifically the Constitution of the Republic of Ecuador, the Comprehensive Organic Criminal Code (COIP), the General Organic Code of Proceedings (COGEP), and the Organic Law of Jurisdictional Guarantees and Constitutional Control (LOGJCC), detailing the types of measures, their objectives, and the principles that should govern their application: legality, proportionality, necessity, and motivation. The research also examines the role of the Constitutional Court in the supervision and correct interpretation of precautionary measures, as well as its most relevant jurisprudence to prevent their abusive or distorted use. Landmark cases demonstrate the legal limits established to prevent undue interference in constitutional functions or the evasion of final judgments. Finally, the paper proposes institutional and ethical reforms aimed at strengthening judicial independence, improving access to justice, and ensuring legal certainty. It concludes that the proper implementation of these measures contributes to consolidating the rule of law and restoring public confidence in the Ecuadorian judicial system.