La inconstitucionalidad de los efectos en la figura jurídica del abandono en la Ley Orgánica Reformatoria del COGEP.

Abstract

The focus of this research is the study of the legal figure of abandonment and its effects, from its legal nature within procedural law at the present time; examining the effects of abandonment from the repealed Code of Civil Procedure, then the General Organic Code of Processes and then the reforms that were made in it, in order to identify the legal rights and constitutional guarantees that are violated when applying the provisions of article 249, second paragraph of the Organic Reform Law to COGEP, that is to say, by imposing the term of six months to establish a new demand in the first instance. The methodology has a qualitative approach with a non-experimental category, as it is the most widely used when studying the legal figure of abandonment, which results in the violation of the basic guarantees of due process, as well as the rights to defense, access to justice, legal security and effective judicial protection. By which the survey and interview type design was applied; obtaining satisfactory results, since effectively the second paragraph of Article 249 of the COGEP Reform Law, would be unconstitutional for violating the legal precepts determined in articles 75, 76 and 82; reason why it is concluded that the fact of waiting six months is not so correct, it would be enough with the execution of the order that declares the abandonment to present a new demand.