Abstract

BONILLA GARCIA, Helver. Draft of derogations, additions and modifications to Law 1564 of 2012, submitted to the Academy. rev.ces derecho [online]. 2019, vol.10, n.1, pp.505-530. ISSN 2145-7719.  https://doi.org/10.21615/cesder.10.1.9.

Starting from the axiom that there is no human work that is not susceptible of being improved, in this work we present to the national legal academy some precise adjustments of the text of Law 1564 of 2012 that we consider necessary so that this normative compendium fulfills its desired role of catalyst of the change of juridical procedural culture that we require so much.

We have been able to detect that in the General Code of the Process there are legal provisions that, due to their deficient wording, allow dissimilar interpretations of the actors of the judicial process; likewise, it has been observed that some prescriptive provisions do not serve the purposes of the Legislator indicated in the explanatory statement of that legal provision; and with that same horizon, it has been possible to verify that some of the most expensive procedural ideas of the modern world have been approached with tepidity by Law 1564 of 2012.

In order to overcome the aforementioned problems in some way, the proposals included in this essay are made, based on two main aspects that support it: one theoretical, formed by ideas and concepts of great jurists who have illuminated procedural science; and the other, it is a foundation that arises from the reflection that produces to find us in the bowels of the judicial praxis of the Colombian Administration of Justice in which I develop my professional activity.

We are convinced that, if the legislator does not carry out in the short term deep reforms to the General Code of Process, he would be tolerating the possibility that this procedural codification be joined to the set of norms that in Colombia do not go beyond being dead letters, with the bad signal that this would imply.

Keywords : Código General del Proceso; Law 1564 of 2012; legislative reform; judicial interpretation; Código de Procedimiento Civil..

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )