Integration of procedural provisions in Colombia: a case study as evidence of the chaos regarding to effective protection and due process

Resumen

There are several application problems which are encountered in the development of the judicial process in Colombia, both from the exclusive scope of subjects regulated by the current General Process Code and from any of the special areas of application, within which there are, for example, the Code of Administrative Procedure and Administrative Litigation.

These challenges in the application are fundamentally originated by the misunderstanding of how procedural law works as a system in Colombia, where the consideration regarding the rules is so useful that it allows the integration of procedural provisions, taking into account aspects which are not regulated according to the CPACA. The interpretation of procedural norms and the gaps and deficiencies of the code are based on the CGP.

This misunderstanding is reflected in practice because it affects the right to equality and the ignorance of the principles of legal security and predictability of the law, which are the cornerstone of a State that declares itself as a Social Law.

In summary, this text allows understanding procedural law as a system in Colombia and current application problems using a case study.