El sistema de impugnación en el procedimiento civil, reorganización en el juicio ordinario segunda instancia

Abstract

We recognize the right to correct the judicial actions by implementing legal tools that question the resolutions of the judges. To challenge is the uncomfority of a judicial decision, whose purpose is to provoke its modification, by considering the contrary of the legal order. The Constitution contemplates the right to appeal the sentences or administrative acts of whichever State authority. The ordinary trial, second instance, repeats the actions of the parts, contrary to the Constitution that does not apply the principles of speed, immediacy, concentration, good faith and procedural fairness. The appeal should be an agile, transparent and effective process, resolved in Oral, Public and Contradictory Audiences where the judges later listen to the recurrents and issue their resolution. In the face of evidence, orality emerges, and the positions of the lawyers are exposed and defended in public and contradictory audiences. The proof follows from the principle of publicity, that which makes impossible the entry process of evidence obtained surreptitiously by the counterparty, and finds the elements of demonstration that can be discussed and misleading by those who argue against or are confrontational.