Revista Opinión Jurídica
versão impressa ISSN 1692-2530
RAMIREZ CARVAJAL, Diana María. Speaking of material justice: Reflections on justice in process vs. material justice. Opin. jurid. [online]. 2007, vol.6, n.12, pp. 165-185. ISSN 1692-2530.
Frequently we found a tendency to sustain requests, decisions and until pretensions in the prevalence of material justice. How to explain rationally this possibility? Until the approval of the Constitution of year 1991 in Colombia, the procedural right studied and applied with the perspective of the Italian scientific school that promotes this one like a method, an instrument for the application of the substantial right. The take effect of the modern constitutional norms, takes to establish strong tensions in straight substantial the procedural-right relation: from the constitution the antiformalistas theories with greater force are promoted, towards the rupture in the traditional application of the legal ordering; the Constitution establishes like principle the prevalence of the substantial right, and in addition it imposes the due process like fundamental right. All it implies, as it is possible to be deduced, a greater index of complexity in the legal relations. This article treats on these tensions and tries to outline the contemporary function of the procedural right.
Palavras-chave : Material justice; procedural justice; prevalence of the substantial right; process; instrument; which had process.