La declaratoria de abandono y la vulnerabilidad de derechos constitucionales.

Abstract

As an antecedent in this research work, it is noted that when applying the legal regulations of the General Organic Code of Processes, with their respective reforms, the legal effect is that a series of changes to our procedural regulations came about, including the effect of the declaration of abandonment, the same one that consists of preventing the plaintiff from filing again a lawsuit for the same cause, before six months of the auto declarator, constituting a norm that violates constitutional rights. The objective is to propose a reform project to the content of Article 249 of COGEP. The methodology for the present investigation was carried out from several well-defined methodological approaches, on the basis of paradigms that helped to obtain an analysis of the problem posed and which I am developing; the referred paradigm was qualitative. Likewise, the research is descriptive in nature, as it addresses an observation problem. The results of the investigation show that the constitutional rights that are violated in the declaration of abandonment of cases are Access to Justice, the Constitutional Right of equality before the Law, as well as Effective Guardianship. As a conclusion, I propose to design a reform project so that the declaration of abandonment and its applicability do not violate the constitutional principles and rights related to legal security, legality and effective judicial protection.