Before entering fully into the meaning of the term precautionary measure, it is necessary to proceed to know the etymological origin of the two words that give it shape:
-Measure, first of all, derives from Latin. It is the result of the union of these two lexical components: the verb "metiri", which means "measure", and the suffix "-ida", which is used to indicate a quality that is perceptible to the senses.
-Cautelar, secondly, comes from the Latin word "cautela", which can be defined as "quality of the cautious." That was formed by joining the adjective "cautus" and the suffix "-la."
Measurement is a term with multiple meanings: in this case we are interested in its meaning as a disposition . Cautelar , meanwhile, can be used as an adjective to describe what is preventive .
With these ideas clear, we can move forward in the definition of precautionary measure , a common expression in the field of law . This is the name given to the provisions that are taken as prevention to ensure the final effectiveness of a ruling or for the preservation of the disputed asset .
The issuance of a precautionary measure is carried out through a judicial resolution . Its objective is to guarantee the future result that can be produced in a process.
Precautionary measures, in this way, allow the early preservation of a foreseeable consequence that will materialize during the course of the process . It can be said that these are tools that aim to avoid problems linked to the passage of time while the trial takes place.
With a precautionary measure, equality between two elements can be preserved, preventively certifying the effectiveness of the sentence. This is how Justice is sought to achieve its adequate effectiveness.
A lien is an example of an injunctive measure. Through this action, the assets of a person who is subject to a lawsuit process are immobilized. The precautionary measure, in this case, certifies that the sentence can be executed effectively, since the subject will be able to face it with the assets that are immobilized by the judicial provision.
Preventive detention and the prohibition on leaving the country are other frequent precautionary measures that make it possible to ensure the investigative procedure and the safety of the victim or society in general.
Within the scope of family law , the establishment of precautionary measures is also used. A clear example is when a couple with children is going to divorce. In that case, the judge handling the case, until there is a final ruling, may choose to establish measures of this type.
Specifically, among the precautionary measures that can be taken are indicating which of the two parents will remain and live with the minor children or what the visiting hours of the parent who does not live with them will be and even how they will enjoy the holidays with their children. week or vacation.
Other precautionary measures may be to set the monthly amount that the parent who does not live with their children will have to pay as alimony and even establish distribution guidelines between the parents regarding the use and enjoyment of common property.