Juez discrecional y garantismo: Facultades de disposición del litigio en el Código General del Proceso
Through an approach to the oral figure, seen from the development of the activity of administering justice, headed by the figure of the judge, the principles of concentration and immediacy are studied as a legal scenario for the preservation of the right of defense of the parties in a system of adve...
Saved in:
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | Spanish |
| Published: |
2019
|
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7130399 |
| Source: | Jurídicas CUC, ISSN 1692-3030, Vol. 15, Nº. 1, 2019, pags. 229-262 |
| Tags: |
Add Tag
No Tags: Be the first to tag this record
|
| Summary: |
Through an approach to the oral figure, seen from the development of the activity of administering justice, headed by the figure of the judge, the principles of concentration and immediacy are studied as a legal scenario for the preservation of the right of defense of the parties in a system of adversarial preemption. As an argumentative proposal, the incidences of the oral judge and his role as a third party, alien to the controversy, will be established in the attempt to correct the balance or equilibrium in the interests of the parties, who turn to the jurisdictional apparatus of the State as a claim; not only in a formal sense, but also as a notion of material justice from the judicial discretion before the oral hearing of the civil judge. To this end, theoretical connections were established with conceptual tools of the philosophy of law, necessarily apprehended by civil procedural justice. |
|---|