PROPUESTA PARA DIFERIR AUDIENCIAS EN EL MARCO DEL CÓDIGO ORGÁNICO GENERAL DE PROCESOS

Abstract

The present investigation advocates for audience deferment in the processes of the civil trials under the framework of the General Organic Code of Processes, given the problems caused for the procedural parts as well as their defenses, none of which can differ an audience unilaterally, leaving the clients in a state of helplessness, obligatorily needing a mutual agreement of the parts for its deferment. Upon checking the principles of Legitimate Defense and Effective Judicial Guardianship during this investigation, an additional article will be proposed on the COGEP (English acronym:GOCP), which would allow the deferment of audiences if one of the its participants could demonstrate that their impediments for attending this audience violates their rights. Without leaving the principle of procedural speed, prevailing in the Constitution to do more efficient justice, it is of no less importance when a client is left helpless at trial, which gives motives for deferring an audience as long as these deferrals uphold the right and justice, demonstrated in this following document.