El procedimiento en relación a la investigación de datos con reserva para la citación judicial.

Abstract

In the judicial procedure, there is precedent from the National Court (Former Supreme Court of Justice), the Constitutional Court and in the General Organic Code of Processes, which establishes requirements that the Plaintiff must comply with to comply with the demand in relation to providing of the individuality of domicile or residence of the Respondent to continue with the summons and continue with the blocking of the Litis; However, there are in practice cases where the individuality, domicile or residence of the Respondent is unknown, constituting a problem for the development of the process. The objective is to define the procedure to be carried out in the investigation of reserved personal data regarding individuality, domicile or residence, in order to proceed to complete the claim in accordance with Article 142 paragraph 4 of the General Organic Code of Processes; through the proposal of a reform to Article 142 paragraph 4 Ibidem, in relation to the investigation for access to confidential household data information. The method developed in this research is qualitative-quantitative, in the qualitative phase it focuses on the review of doctrine, constitutional and legal precepts and constitutional jurisprudence and jurisdictional precedents, carried out by the descriptive legal approach and interviews. The quantitative method was applied through the instruments, expert judgment surveys were carried out with a form of closed questions towards legal professionals, in order to determine the certainty of the criterion studied, through the propositional legal approach.