La imposibilidad de apelar contenida en el art. 333 # 6 del COGEP como vulneración al debido proceso.

Abstract

The collection of professional fees between lawyer and client Trial was established with the issuance of the Federation of Lawyers law in March 1974 to resolve disputes generated by the non-payment or incomplete payment of professional fees that a client owes to his lawyer for the technical steps that the latter has taken in the processing of matters concerning his faculties. However, the resolution that puts an end to this dispute is not subject of appealing according to Article 333, paragraph 6 of the General Organic Code of Processes. In this sense, the general objective of the present work is to determine whether the impossibility of appealing the sentence brought by the aforementioned COGEP rule violates the right to due process in guaranteeing the right to appeal the ruling to a higher judge or court. The methodology used in this work has a qualitative approach, taking as its object of study: doctrinal analysis, national regulations, jurisprudence local and international, and interviews with experts in the field. The results show that there is a violation of due process due to the impossibility of appealing the sentence of the trial established in article 847 of the Civil Procedure Code (now repealed). It is concluded that an amendment to Article 333(6) of the General Organic Code of Procedure is necessary in order to include the appeal in the trial for the collection of professional fees between attorney and client.