Regresar

Las medidas cautelares dentro de los juicios contenciosos administrativos como garantía a la tutela judicial efectiva.

Abstract:

Background we will locate them in the analysis of the precautionary measures within the contentious administrative trials as a guarantee of effective judicial protection, and in the suspension of the administrative act as the only precautionary measure provided in the General Organic Code of Processes, being a defense mechanism of the citizens before the challenge in court, the objective is to analyze the precautionary measures within the contentious administrative trials as an integral part of the right to effective judicial protection. An analysis of the legal relevance of Argentina, Costa Rica and Spain was verified within comparative law, regarding precautionary measures in contentious administrative trials. The methodologies are based on the qualitative approach, acquiring legal knowledge through the theoretical method. and the empirical. The results will analyze the characteristics and requirements for the precautionary measures to be granted, as well as the purpose of the measures that seek to comply with the constitutional right of effective judicial protection. The discussion will be developed based on normative and bibliographical sources within which comparative law will be included, this will allow analyzing and treating the theory of precautionary measures within the Ecuadorian contentious administrative process.