LA MEDIDA CAUTELAR JUDICIAL, ¿DECISIÓN CONSTITUCIONAL O DISCRECIONAL?

The purpose of this article focuses on exposing the legal formalities that will allow us to understand the operation of administrative precautionary measures, within the Ecuadorian judicial disciplinary regime. In order to explain the nature of the preventive measures in question, it becomes mandatory to know those legal doctrines and legal norms that impose on the executor of the legal component, those objective notions for the application of the mentioned legal mechanism. Subsequently, we will use real cases that would have been instituted in the disciplinary field against judicial servants, in order to reveal what type of conduct, is discretionary or constitutional, involves the resolutions issued by the administrative authorities of the Judiciary.