Análisis del uso de la medida cautelar constitucional durante la pandemia de covid-19. Caso Ciudad Machala 2020-2021

Abstract

This article critically addresses the issue of constitutional precautionary measures, delimiting their support within the Ecuadorian constitutional and legal framework. In the same way, the doctrinal presuppositions of the fumus boni iuris and the periculum in mora are deepened in order to achieve the justification of these precautionary measures. In addition to this, this work is based on certain cases of precautionary measures filed in the City of Machala, in the period 2020-2021. The objective of this work is to analyze the use of the constitutional precautionary measure during the Covid-19 pandemic in the City of Machala, in the period 2020-2021. To do this, use is made of the documentary technique, through which information contained in documents can be accessed in both physical and digital format. From this collected information, methods such as analytical, synthetic, deductive and exegetical are applied, which nourish the depth of this work. It is concluded that constitutional precautionary measures are a fundamental tool in a legal system due to their speed and simplicity, and that in the case of the City of Machala in the period 2020-2021, these measures were used both for the protection of court rights individual as well as collective.