Argumentación jurídica sobre la falta de jurisdicción e inobservancia del debido proceso por parte de los jueces de coactivas en el cobro de los títulos de crédito

Abstract

Pursuant to Art. 1 of the Code of Civil Procedure defines the jurisdiction and the power to administer justice is held solely by the judges or judges belonging to the judiciary. In our country it is not regulated the compulsory jurisdiction nor its own code of procedure, each public institution as their need for recovery of its portfolio, protected by what is stated in the Code of Civil Procedure Tax, create regulations dictate ordinances and come to collect. According to the above, in a coercive trial only involves two parties, in which the debtor is subjected to coercive process before a public official misnamed Foreclosure Judge, who does not support resources and incidents, with a simple and flexible system, becomes judge and party, which is not of the formalities of a real judicial process. the creation by the Council of the Judiciary coercive courts that ensure due process and effective justice, in this kind of process is proposed.