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Justicia

versão impressa ISSN 0124-7441

Resumo

CAICEDO VILLAMIZAR, Alexander Enrique. The excess of manifest ritualism and the constitutional vision of judicial activity. Justicia [online]. 2017, n.32, pp.79-117. ISSN 0124-7441.  https://doi.org/10.17081/just.23.32.2907.

Nowadays, the scope of Procedural Law is undoubtedly structured, because of the elaborated and rescued warranties based on Traditional Procedural Law, which are linked to the realization of substantial laws by means of constitutionalism. These standards of law have been set with a purpose for further research in this field, purpose and an evaluative point of view which are not only evident from formalities or pre-established procedures, but also in direct relation to constitutional and legal laws that enshrine legal effects intended by the parties. Based on the constitutional principles, regulations, doctrine, judicial precedent and case law, this reflection paper aims to reconsider the perception of the contemporary court in the exercise of the rights supported by legal theories and excess of traditional ritualism from the innovation of Colombian Justice Administration’s constitutional point of view. Also, it aims to consider the judge work not merely as a simple mechanical attribution of general, impersonal and abstract postulates enshrined in law to specific cases. If this happens, the complexity and uniqueness of social reality which cannot be contained completely within a positive legal system would be ignored, but through judge’s judicial work it is possible to protect citizens’ constitutional and legal guarantees; in the event of not protecting citizens’ guarantees, achieving due to excessive adherence to the judge norm, the judge may go to ordinary judicial redress. Judicial protection against Judicial when incurred in a procedural defect.

Palavras-chave : Action guardianship; Due process; Manifest ritualism and Court order.

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