La declaratoria de abandono en procesos civiles y su efecto violatorio a la tutela judicial efectiva.

Abstract

Abandonment is the deliberate resignation by the actor to follow a procedure, without prejudice to the fact that it is reserved to follow another claim with the same claim, since it is the abandonment of a procedural claim and not a legal claim. The General Organic Code of Processes allows the abandonment of the process in the first instance, second instance or cassation when all the parties that appear in the process have ceased in its prosecution during the term of eighty days, but its effect of first instance is that it is not may file a new lawsuit, which violates the right to effective judicial protection of access to justice, limiting the person to lose their legal claim, violating the due process that must exist in all judicial proceedings. Objectives: General.- Create an analytical document which is evidenced as the declaration of violent abandonment of the fundamental right to effective judicial protection. Methodology: Qualitative research design, with exploratory, descriptive and explanatory scope. Results: From the study of the abandonment of the processes, it should not limit its legal claim to follow a new action, it must be regulated that the abandonment of the first instance, guaranteeing effectiveness and efficiency in the public administration.