Impact of the denaturalization of precautionary measures on legal certainty in Ecuador

Abstract

The study assessed the effectiveness of precautionary measures in Ecuador and their impact on the legal security of rights holders, focusing on the consequences of their denaturalization. Through an analysis of current jurisprudence and regulations, complemented by surveys of 200 legal professionals, the primary causes of this issue were identified. Quantitative findings revealed that 74% of respondents consider precautionary measures moderately effective, while qualitative insights underscored challenges such as judicial discretion abuse, regulatory gaps, and insufficient training for judges. A significant correlation was identified between professional experience and the perceived effectiveness of these measures. The analysis informed the development of strategies to enhance regulatory frameworks, improve the training of legal practitioners, and oversee the implementation of precautionary measures. Key recommendations include establishing clear procedural criteria, implementing standardized evaluation systems, and providing comprehensive ethical and technical training for legal operators. The study concluded that the denaturalization of precautionary measures undermines legal certainty and advocates for reinforcing the legal framework and judicial training to ensure their effectiveness and adherence to the principles of proportionality and necessity.