Las restricciones legales al ejercicio del derecho constitucional a la igualdad de las partes en los Procesos Jurisdiccionales Coactivos, análisis del caso CENSEG 156-2014

Abstract

Coercive action, regulated in the Code of Civil Procedure raises several questions about the proper application of effective judicial protection within its bosom. If we look at the definition set out in Article 75 of the Constitution it can be inferred that the remedy is its guarantees of due process, defense and equality of the parties come together as keystones in both judicial headquarters and administrative. Therefore this thesis analyze the complex legal nature of compulsory process as an essential emanation of state prerogatives, inquiring about its status, origin and application in a particular case, all with the aim of demonstrating the violation of the rights and guarantees that make up the minimum due process, especially the right to defense and equality of arms, that as a result of diffuse regulation at certain points becomes even contradictory.