La citación en el derecho civil y el derecho a la defensa como garantía del debido proceso.

Abstract

The right to defense, constitutes a guarantee of constitutional range, which is protected both sides, as in domestic legislation and in international instruments. It is characterized by promoting that the litigants in a proceeding are judged under the same conditions, as well as being able to be heard in due time, being able to defend themselves legitimately, for this reason the subpoena of the lawsuit content to the defendant, is fundamental to guarantee the due process and right to defense the defendant. The summon is a procedural act that must be fulfilled in due form to be valid, so as to guarantee the right to effective judicial protection, being judicial authorities called to ensure the constitutional rights to be protected. The methodology used has been the qualitative, non-interactive category, through the collection of data standards, comparative legislation, jurisprudence, national and international doctrine. As a result of this work, we have obtained that the right to due process and right to defense within a trial is verified with the correct placement to the defendant regarding a lawsuit or preparatory act initiated against him. In other words, when the subpoena is verified according to the forms provided in the Law, which in conclusion is based on the maximum audiatur et altera pars, which is equivalent to the equality of citizens before the law and the right to be heard in Judgment, to present exceptions, allegations and evidence, that is, to contradict the counterpart's statements.