Proportionality as a guiding principle for coercive procedural measures

Abstract

This paper analyzes the formation of proportionality as a general principle of law, since its originated as a philosophical concept as developed by Plato and Aristotle to its current incarnation as a Constitutional rule, adopted definitely in Spain in the 1990’s. Since the beginning, proportionality was seen as a restitution principle in the biblical formulation of the “an eye for an eye” rule. But later, specially since the works of Beccaria on, it was transformed into a principle that seeks that every Court adopted measure inflicts the lesser possible pain while achieving the maximum effectiveness. Hence, as a general principle, proportionality must inform every decision that implements a coercive procedural measure, such as seizures, confiscation, deposit, eviction, etc.