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

Abstract: The coercive action, regulated in the Code of Civil Procedure has generated several questions about the proper application of the due process of law. If we look at the definition stablished in article 75 of the Constitution we can infer that an effective remedy in their guarantees of due process, defense and equality of the parties come together as keystones in both judicial proceedings and administrative. Therefore this thesis will examine the complex legal nature of the coercive action as a privilege recognized to the State inquiring about its status, origin and application in a particular case, all with the aim of demonstrating the violation of the rights and guarantees comprising the minimum due process, notably the right to defense and equality of arms, as a result of this diffuse regulation at certain points becomes even contradictory.