Legal security as a guarantee of due process in compliance with judicial resolutions in voluntary, summary and ordinary procedures

Abstract

DOI: https://doi.org/10.46296/rc.v8i15.0360

The study of legal certainty as a guarantee of due process in compliance with judicial resolutions in voluntary, summary and ordinary procedures aimed to analyze the impact of legal certainty in compliance with judicial resolutions in voluntary, summary and ordinary as a guarantee of judicial processes. For this purpose, descriptive and field research was used, with a mixed approach and the hermeneutic method; To collect primary information, a survey and interview was applied to jurists in the free exercise of their profession. It was obtained that all people have the right to due process, which is closely linked to the right to legal certainty since, this second implies the knowledge and certainty of positive law, the trust of society in the institutions of the State and in the legal order and the existence of legal mechanisms against the effects that may exist. It was concluded that legal certainty as a guarantee of due process in compliance with judicial resolutions is essential to maintain confidence in the legal system and to protect the fundamental rights of people involved in any legal procedure, whether voluntary, summary or ordinary.

Keywords: Legal security, Due process, Judicial resolutions, Voluntary procedure, summary procedure, Ordinary procedure.