La tutela judicial efectiva y la efectividad de la cooperación judicial internacional
The research issue concerns the impact of international judicial cooperation on the effective judicial protection in those factual circumstances of interest to Private international law. The main objective purports to demonstrate that only an effective praxis of international judicial cooperation gu...
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2013
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| Accés en línia: | http://hdl.handle.net/10872/4784 |
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| Sumari: | The research issue concerns the impact of international judicial cooperation on the effective judicial protection in those factual circumstances of interest to Private international law. The main objective purports to demonstrate that only an effective praxis of international judicial cooperation guarantees the exercise of such right, guarantee whose responsibility lies within the Venezuelan State in his wider jurisdictional scope, through the judicial and administrative organs which intervene in such praxis. We justify such research noting the ever-increasing importance of such institution in light of the interest that many jurists put on the effects of the globalizing phenomena, blurring State frontiers, especially between those countries involved in regional integration processes. We narrow such research to civil and commercial areas, not focusing on the procedural aspects of international judicial cooperation, but rather approach it within a juridical-philosophical perspective, paying special attention to the axiological aspects of such institution, which pave the way to the legal action. The specific objectives were to: 1) determine whether there is, in procedural matters, a legal duty to cooperate between States, needed to ascertain whether the effectiveness of international judicial cooperation depends upon its express regulation; 2) justify and substantiate international judicial cooperation under the present approach of Private international law; 3) establish the relationship between the favor cooperationis principle and the fundamental right of access to justice, based on the conceptualization and characterization of effective judicial cooperation; 4) analyze the cooperation activity carried out by administrative and jurisdictional organs, within the scope of the different facets in which they cooperate and ascertain whether such activity guarantees the international protection of the right of access to justice; 5) particularize measures that can be adopted by the Venezuelan State in order to guarantee the international access to justice. We will mainly use the bibliographic design and some other techniques pertaining to field studies, which allowed obtaining primary sources, through the direct and indirect observation of the reality related to the subject; we used the technique of non-structured or informal interviews, based on open and focused questions posed to field specialists, theoretical and practical agents, nationals and foreign, involved in cooperation activities. The research had a comparative focus, contemplating the functional confrontation of factual circumstances, cooperation mechanisms and solutions offered by other legal systems. We validated the research hypothesis, which is, that the Venezuelan State will guarantee the fundamental right of access to an effective judicial protection, insofar as there is an effective international judicial cooperation, regardless of the regulatory development that it possesses, to which we propose a series of conclusions. We structured our contribution in specific regulatory, institutional and technological propositions, focused to the national arena and oriented to expedite, facilitate and optimize the cooperation activity. |
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