La proporcionalidad de las medidas cautelares en los procedimientos coactivos de ejecución de los títulos valor

Abstract

Being the coercive process a public administrative tool used to collect liabilities, it is suppose to guarantee in its practice the constitutional rights and laws of the stakeholders involved. However, in order to safeguard and expedite the payment of the obligations with the state, the process involve protective measures before an official liability judgment statement. As a result, the process might violate some constitutional rights of the stakeholders. The purpose of this research thesis is measure the duty of the judges and determinate if their safeguard prejudgment statements comply with the law. The research methodology used on this thesis combined fieldwork and academic research. The fieldwork measure through polls the stakeholder’s opinion about the coercive process. Its results, together with a research on safeguard measures applied on the city of Cuenca determinate the real legal landscape of the coercive process. After the research, this thesis determinate that is not unlikely that a coercive judge violate the constitutional rights of the stakeholder involved.