La improcedencia y desnaturalización de la medida cautelar autónoma, por parte de los operadores de justicia, establecida en el Artículo 27 inciso tercero de la Logjcc.

Abstract

We are currently witnessing how our Justice System has been corrupted, with jurisdictional judges, seeking to benefit themselves or third parties, contradicting the provisions of the Constitution and the Law. This is further reflected in the misuse of autonomous precautionary measures, where such an action has been requested to avoid, stop, or hinder the execution of a specific court order in an ordinary proceeding, contravening the express prohibition established in Article 27, paragraph three, of the Organic Law on Jurisdictional Guarantees and Constitutional Control. Therefore, in this paper, in order to address everything related to autonomous precautionary measures, a qualitative method will be used, conducting a documentary analysis using laws of our legal system, research conducted by other authors, as well as rulings issued by the Constitutional Court, to explain the purpose, requirements, and other procedures of said guarantee. A thorough review will also be made of Judgment No. 12-23-JC and its accompanying judgments issued by the Constitutional Court. Reallife cases will demonst rate the inappropriateness and unnaturalness of the justice system when it granted independent precautionary measures to prisoners serving serious sentences. All of these actions affect the Ecuadorian judicial system.