Análisis de la tutela judicial efectiva y las medidas cautelares en el procedimiento contencioso administrativo del código orgánico general de procesos

Abstract

The Constitution of Ecuador brings with it a variety of principles and constitutional rights that subject to all the public and private powers. It also imposes different rules in the application of constitutional rights. In it, there is an express recognition of arbi-tration and other alternative dispute resolution mechanisms. It becomes real adminis-trators of Justice which, under the aegis of the new Constitution, requires them to protect and apply the different rights and constitutional principles. Among these, the procedural constitutional rights such as the right to effective judicial protection which includes the right to guardianship precautionary. All actions contentious administra-tive will be processed in ordinary procedure, except for actions relating to the positive administrative silence and the payment by deposit which will be processed in sum-mary procedure. This allows to conclude that, in this matter, has rectified omissions of measures precautionary, although they settled in general as "Preventive measures" in the Arts. 122 to 133 of the code organic General process, which under Article 327 ibid are applicable in administrative contentious matters