The cautelar potestad of the judge of family

Their scope and limits

Abstract

It is constantly justified the necessity of a broad precautionary power in the need of urgency and speed in the face of the demands of family conflicts. Through these lines, we seek to explain, from the perspective of effective judicial protection, the harmony that must exist between precautionary measures and due process, to later conceptualize and analyze briefly certain institutions, namely conservative, innovative precautions, early guardianships and self-satisfactory measures, which are commonly treated as precautionary measures, despite not fully sharing their characteristics. We will conclude, in the light of the above, analyzing the regulations established in Law 19.968 and other special and relevant provisions, setting out some of the main discussions and problems that have elicited its practical application. In particular, we will study article 22 of this law, as well as the special rules of that law regarding protection or violation of the rights of children, domestic violence, law 20,066 and the special precaution of provisional foods established in law 14,908.