The revocation of precautionary measures in coercive measures: disproportionate and irrational

Abstract

This article will analyze the essential characteristics of the coactive, this power of selt-protection maintained by the public administration in the framework of its exercise of debt collection that people have against it. Thus, it may adopt preventive measures to prevent the debtor’s property or assets form being sold, donated, destroyed or other actions. The nature of the precautionary measures will be temporary and preventive with the sole purpose of guaranteeing the State to recover what is owed.

However, nowadays the Organic Administrative Code, a relatively new rule in the Ecuadorian legal system, makes this revocation a really complex and even disproportionate situation, therefore, it generates an irrational situation that leaves people defenseless, which could even become unconstitutional this provision. Therefore, this work allows to develop in detail the essence of these preventive measures and their corresponding revocation within the framework of what is rational and proportional so that it does not affect the rights of individuals and the general interest of public administration.