From the guidelines issued by the Superintendence of Industry and Commerce for the unification of criteria to guarantee equality and legal certainty, the Superintendence of Industry and Commerce addressed the application of precautionary measures (named and unnamed) in declaratory proceedings adjudicated by administrative authorities with judicial functions:
I. APPLICATION OF PRECAUTIONARY MEASURES (NAMED AND UNNAMED) IN DECLARATORY PROCEEDINGS ADJUDICATED TO ADMINISTRATIVE AUTHORITIES WITH JUDICIAL FUNCTIONS
a. Regarding the precautionary measure of “registration of the lawsuit” in declaratory proceedings, pursuant to subsections (a) and (b) of numeral 1, Article 590 of the General Procedural Code:
In declaratory proceedings, the only named precautionary measure that applies is the “registration of the lawsuit.” This measure is applicable if the following conditions are met:
i. The dispute involves ownership or another principal real right, either directly or as a consequence of a different primary or subsidiary claim.
ii. The dispute concerns issues related to a universality of assets.
iii. The objective is to seek compensation for damages arising from contractual or extracontractual liability.
b. Regarding unnamed precautionary measures in declaratory proceedings, pursuant to subsection (c) of numeral 1, Article 590 of the General Procedural Code:
As an exception, unnamed precautionary measures may be ordered when it is duly proven that such measures are necessary to:
i. Protect the right in dispute.
ii. Prevent the infringement of the right in dispute.
iii. Avoid the consequences resulting from the infringement.
iv. Prevent harm caused by the infringement.
v. Halt any harm that has already occurred.
vi. Ensure the effectiveness of a claim.