La Medida Cautelar de Arraigo y su aplicabilidad; establecida en el Código Orgánico General de Procesos por la Unidad Judicial Civil del Cantón Manta provincia de Manabí

Abstract

Abstract: This research analyzes the application of the precautionary measure of arraigo (travel restriction) within the Ecuadorian civil procedure, focusing on cases processed by the Civil Judicial Unit of the Manta canton, Manabí province, during the period 2023 2025. The arraigo, established in Article 131 of the Organic General Code of Procedures (COGEP), allows for the temporary restriction of a person's right to leave the country when there is a risk that such behavior could affect the progress of the process or the enforcement of a judgment. Through a qualitative approach, the study presents a normative, doctrinal, and jurisprudential analysis. Among the main findings is the irregular application of this measure, often lacking proper judicial reasoning, with no control over its duration, and a tendency to apply it automatically, especially in child support cases. The study proposes recommendations aimed at improving its practical application: training for judges and legal operators, clear technical guidelines, and mechanisms for periodic review. These measures seek to promote a more rights-based justice system, respectful of individual guarantees and consistent with the principles of the constitutional state of rights and justice.