Estándares de las Medidas Cautelares Según la Jurisprudencia de la Corte Constitucional

Abstract

Abstract: His paper analyzes the legal and constitutional standards governing the application of precautionary measures in Ecuador, based on the jurisprudence developed by the Constitutional Court. It argues that these measures have ceased to be merely procedural instruments and have become substantive mechanisms for the early protection of fundamental rights, especially in contexts of imminent risk, structural inequality, or collective impact. Through the systematic study of landmark rulings, criteria such as necessity, suitability, proportionality, reinforced motivation, periodic review, and analysis of the factual context are identified, which constitute a normative and jurisprudential framework that guarantees their legitimate and controlled application. The research concludes that the consolidation of these standards has strengthened the role of the constitutional judge as guarantor of rights, reinforcing effective judicial protection and the balance between the protection of rights and legal certainty.