Tutela judicial efectiva como núcleo esencial del sistema de principios en el código general del proceso : “una perspectiva de constitucionalización del ordenamiento procesal en Colombia”

Abstract

There have been several attempts to consolidate a procedural system that ensures coherence between procedural and substantive laws in order to achieve the instrumental purpose of the former, the legislator needed to create a unified procedural model called General Code of Procedure or Law 1564/2012 which involves a large system of principles. This system seeks to distort the inefficacy of rituals and formalities that are detached from the needs of the community to build a model based on constitutionalizing the procedural law according to the current Colombian Constitution. Therefore, it is essential to determine how important is the incorporation of the system of principles in the new procedural model to transform it eventually into a tool of constitutionalization of the latter, which is raise over the central axis of the principle of effective judicial protection of constitutional rights as an essential core of the system and the built of a new procedural paradigm in the Colombian legislation. A theoretical- qualitative approach was mostly used for developing this research. Documentary sources were gathered through bibliographical and jurisprudence revision with an analytic-descriptive in-depth point of view