Las medidas cautelares en el proceso contencioso administrativoanálisis comparado entre el derecho peruano y español

Abstract

The object of this study is the precautionary measures in the contentious administrative process, comparative analysis of Peruvian and Spanish law; we review the nature, budgets and types of precautionary protection, suggesting an enunciative list of specific precautionary measures to achieve greater judicial certainty and predictability. We evaluate its function as a procedural instrument of emergency protection that stabilizes the privileges of the administration against the citizen. With a critical sense we propose to accept in the contentious procedural law, the anticipated measures and self-satisfying measures. Our proposal does not eliminate precautionary protection, but rather seeks to complement it with these new urgent protection instruments developed by Ibero-American doctrine, jurisprudence and legislation, especially in Brazil and Argentina. With our initiative, we aspire the validity of an administrative contentious process defending an administrative activity that respects human rights and dignity, which establishes a humane and vigilant Administrative Law of the rights of citizens who have access to justice in Peru and Spain.