Resumen

GUTIERREZ VARGAS, Rosa María; VARGAS CORMANE, María Cristina  y  ROCHA OSORIO, Emerson. Guardians ad litem, evolution or regression in the procedural reforms of Colombia and the world. Justicia Juris [online]. 2014, vol.10, n.2, pp.102-116. ISSN 1692-8571.  https://doi.org/10.15665/rj.v10i2.331.

In the existing legal situation in a process, with the exceptions of some cases, the effective and physical existence of the defendant, who if for some reason cannot or will not go to that scenario, how the process is required, it must, under institutions constitutional and legal, be supplemented by agents appointed by the court to ensure due process and meet one of the many events, for instance, blocking the Litis and exercise the right of defense before the nominations expressed by the plaintiff and thus continue other demonstrative and decisive steps that frame the process. This article analysis the delegation that the judge does in someone other than the defendant in default or failure to appear, which is not being met with the true purpose, in spite of procedural reforms that have occurred in relation to person figure and who bears this defense; be constituted such patterns, another tool to fill a void which is absent and not for the protection of their rights and in this way to ensure protection and equality between the parties which contribute to the process. Thus constituting a binding instrument but, lacking technical and coated bias defense to the provisions of existing legislation and reforms brought by the General Code of Procedure.

Palabras clave : Lawyers; Curator; defense; State; process reforms.

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