Análisis jurídico y doctrinal de la vulneración del derecho a la defensa en la emisión de providencia preventivas en los procedimientos ejecutivos

Abstract

Abstract: This degree project aims to examine the legal and constitutional implications of issuing precautionary measures within executive proceedings in Ecuador. Precautionary measures, such as asset seizures and prohibitions on the transfer of property, are often adopted without prior notification to the debtor, which limits their ability to effectively exercise their right to defense. This situation creates a procedural imbalance in favor of the creditor, affecting fundamental rights and undermining trust in the judicial system. The study is conducted under a qualitative methodological approach. The findings show that the issuance of these measures without prior notification or the opportunity to challenge them constitutes a violation of the right to defense, contrary to the provisions of the Constitution and international treaties. In response, normative and procedural reforms are proposed to ensure a balance between procedural efficiency and the protection of the debtor s rights, thereby strengthening legal certainty and fairness in executive proceedings.