Abstract

JIMENEZ RAMIREZ, Milton César  and  YANEZ MEZA, Diego Armando. THE PROCESSES OF SINGLE INSTANCE IN THE GENERAL CODE OF THE PROCESS: THE CONSTITUTIONAL GUARANTEE OF THE DUE PROCESS AND THE DOUBLE INSTANCE. Prolegómenos [online]. 2017, vol.20, n.39, pp.87-104. ISSN 0121-182X.  https://doi.org/10.18359/prole.2725.

In this article the figure of the single instance is evaluated in law 1564/2012 or General Code of the Process, in order to determine if these processes are a violation of the constitutional guarantee of the due process and the double instance. This law, in its articles 17, 19 and 21, established the competence of civil municipal judges, civil of circuit and of family in processes of single instance, provisions that can constitute an infringement to the procedural and constitutional warranty of the due process and the double instance, from the reading of the article 31 of the Political Constitution of 1991. This research is analytical-conceptual type, applies the qualitative method and is documentary bibliographic style.

Keywords : Single instance; double instance; General Code of the Process; judicial relief; proportionality test.

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