Cuáles son los estándares de procedencia de las medidas cautelares autónomas según la jurisprudencia de la Corte Constitucional

Abstract

Abstract: This research paper examines the admissibility standards for autonomous precautionary measures based on the jurisprudence of the Constitutional Court of Ecuador. Through the study of landmark rulings, the criteria established by the Constitutional Court that determine when precautionary measures are admissible or inadmissible were identified. This research begins by defining and determining the nature, evolution, and characteristics of precautionary measures. A jurisprudential analysis is then developed detailing the grounds for the rulings of the Constitutional Court of Ecuador in rulings No. 034-13-SCN-CC, No. 118-22- JC/23, No. 66-15-JC/19, etc. This study reveals three admissibility criteria: prima facie case law, seriousness of the harm, and imminence of the damage. Furthermore, the requirement for justification, the principle of subsidiarity, and the prevention of abuse of rights are addressed as essential elements in its application. It is concluded that the Constitutional Court has consolidated standards that prevent the misuse of these guarantees. This research contributes to the fundamental role of precautionary measures, which offer a useful tool for judges, lawyers, and legal practitioners in the exercise of constitutional rights.