Análisis jurídico del abandono de un proceso en materia de niñez bajo el principio de la seguridad jurídica.

Abstract

Abstract: In the present investigation within the Master of Laws mention Law Procedural, a doctrinal and normative study was carried out to determine the effects legal aspects of abandonment within a process regarding Children and Adolescents, according to the General Organic Code of Processes (COGEP). The first thing to note is that in There is no room for abandonment of this type of process, because it deals with subjects especially protected whose common and specific rights have constitutional rank, and In addition, the principle of the best interest of the child must be made effective, which can be be affected if abandonment is admitted. This institution has the purpose that a process does not extend indefinitely, so if the parties do not carry out due diligence useful and conducive within the legal term, ex officio or at the request of a party, the judge may decree the abandonment and archive the case. The contribution of the research consists of a characterization of said institution and the argumentation that justifies its inadmissibility in matters of childhood and adolescence, regarding which conclusions and recommendations on the subject under study.