Propuesta de reforma que implemente un examen de admisibilidad de la acción de nulidad de sentencia ejecutoriada en los juicios de conocimiento lato.

Abstract

This investigative research analyzes the action for nullity of an enforceable judgment at trial of broad knowledge and proposes a legal reform that contains an admissibility check to avoid unnecessary delay of the verdict and a new trial on the basis that the proposal by the defendant is an act of abuse of law and violates the principles of good faith and procedural fairness enshrined in Article 26 of the Code of Judicial Function. For its realization, inductive and deductive scientific methods were used and the techniques of scientific reading, observation and interview, from which it is evident that certain lawyers present actions without legal basis beyond the right to access justice and get effective judicial tutelage protection. The results obtained in this research are designed to enable users and their advocates to act ethically, in good faith and loyally represent the rights of their client; which in turn contributes to legal certainty.