Abstract

TOSCANO LOPEZ, Fredy Hernando. Aproximación conceptual al "acceso efectivo a la administración de justicia" a partir de la teoría de la acción procesalA conceptual approach to the "effective access to Justice" in the procedural action theory. Rev. Derecho Privado [online]. 2013, n.24, pp.237-257. ISSN 0123-4366.

The procedural action theory, in its abstract sense, can be the basis for the conceptual construction of the fundamental right to effective access to justice, taking into account that only under its conception is possible to argue that all the rights holders either they are right or wrong, have the right to be heard in the process, according to the substantive law. Therefore, this fundamental right is no longer a theoretical or formalistic institution but an essential element of the Rule of Law, which legitimizes the judicial process as a genuine instrument for the peaceful settlement of disputes (heterocomposition), and it also contributes to the proscription of citizen's idea of taking justice into their own hands.

Keywords : due process; access to justice; legal action.

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