Análisis jurídico del derecho a la defensa en audiencias de medidas preventivas en juicios ejecutivos.

Abstract

Abstract: The research titled Legal analysis of the right to defense in hearings of preventive measures in executive trials evaluates how the right to defense is guaranteed in these judicial contexts. The general objective is to analyze current regulations and practices to identify deficiencies and propose reforms that ensure adequate protection of the right to defense. The research used analytical and hermeneutical scientific methods, along with documentary research techniques and interviews with lawyers, which allowed an effective approach to the problem analyzed. It is concluded that inadequate notifications and current procedural deadlines frequently leave defendants defenseless, highlighting the urgent need to reform the General Organic Code of Processes (COGEP) to improve notification mechanisms and provide sufficient time for the preparation of the defense. The importance of adequate notification is emphasized to avoid the defenselessness of the defendant, thus guaranteeing a fair and equitable trial. Therefore, it is crucial to establish clearer and more effective procedures that ensure the active participation of all parties involved in the judicial process.