Abstract

LORCA NAVARRETE, Antonio María. El derecho procesal como sistema de garantías. Bol. Mex. Der. Comp. [online]. 2003, vol.36, n.107, pp.531-557. ISSN 2448-4873.

The author's point of departure is the consideration that the judicial function, which is the object of Procedural Law, has to be understood as the activity of making judicial decisions and of executing those decisions. In this way, he analyzes the branch of the law that is known as Procedural Law as a system of guarantees that seek to achieve an effective judicial protection. In the first place, the author examines the concepts of Procedural Law and process. Then he relates these two concepts with diverse rules established in the Spanish Constitution, in order to stress the guarantees derived from the obligation to render judicial decisions and to execute them. Later on, he explains procedural guarantees as a constitutional commitment, as well as their dynamic nature. Finally, the author refers to the due process principle as a substantive reality that has an impact on justice administration seen as a public service.

Keywords : procedural law; procedural guarantees; judgments; judicial function; justice; due process of law.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )