Análisis y estudio del procedimiento monitorio y su afectación al principio del debido proceso y el derecho a la defensa

Abstract

Abstract: The research work entitled Analysis and study of the monitoring procedure and its affecting the principle of due process and the right to defense, as it is not required technical defense , is presented as a quantitative study through the collection and analysis of information, in order to determine the legal bases and doctrinal provisions of the small claims payment process, related to due process and right to defense. For which it has been possible to resort to the analysis of all its components, whether in internal or external legislation, reflecting an analysis Comparative of the payment order process in legislations such as Spain and Uruguay. It was precise the study of a case, where it is evident that even with the sponsorship of a legal professional, serious errors of form and substance are made. This way, there is no possibility of even thinking that a plaintiff can assume for himself and empirically said process, supporting the need to count in each instance the presence of a defense lawyer during the process, legitimizing the right to defense.