La vulneración del principio de proporcionalidad en medidas cautelares coactivas en el Ecuador

Abstract

This research analyzed the violation of the principle of proportionality in the application of precautionary measures within coercive enforcement proceedings in Ecuador, based on a review of the foundations of Administrative Law that constitute the legal framework governing state action. This study identified that, although the Organic Administrative Code regulates these measures in such a way that their adoption does not imply the violation of the rights of debtors, in practice, serious shortcomings are evident, since there is a tendency for enforcement bodies to apply measures automatically and simultaneously, a situation that leads to distortion of this legal figure. The manner in which the improper application of these measures affected fundamental rights such as property, legal certainty, and due process for debtors was examined, as well as the way in which such harmful effects may extend and impact the family unit of those subject to coercive proceedings. It was concluded that it is necessary to incorporate the proportionality test as a mandatory requirement for the adoption of precautionary measures, and to promote a rights-based interpretation of the current regulatory framework to ensure the effective respect for the constitutional rights of citizens subject to administrative action.