La aplicación de los principios de oralidad e inmediación en el proceso oral civil venezolano
The work of research, aimed to carry out an analysis of procedural regime of the application of the principles of orality and immediacy in the Venezuelan Civil Oral process, referred to in the code of Civil procedure of 1987, attending the rights and constitutional guarantees applied in the procedur...
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2013
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| Online Access: | http://hdl.handle.net/10872/3026 |
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| Summary: | The work of research, aimed to carry out an analysis of procedural regime of the application of the principles of orality and immediacy in the Venezuelan Civil Oral process, referred to in the code of Civil procedure of 1987, attending the rights and constitutional guarantees applied in the procedural order, and that these principles and guarantees are laid down in the Constitution of the Bolivarian Republic of Venezuela of 1999. The aforementioned thesis, which bears the title: the application of the principles of orality and immediacy in the Venezuelan Civil process, departed from different circumstances presented in practical case in the exercise, where I wondered to what extent the implementation of the principles of orality and immediacy in the Venezuelan Civil process, provided for in the procedural system for hearings provided for in the code of Civil procedure? do, they actually respond to the constitutional principles of justice enshrined in the basic political text?, its general objective being to analyze the constitutionality of regulations of the procedural system for hearings provided for in the code of Civil procedure. The study was based on a documentary research which was analyzed, as well as the regulatory bodies indicated, the most authoritative doctrine on the subject as well as the jurisprudence of the Supreme Court of Justice, predominantly, some relevant statements of its rooms constitutional and Civil Cassation. Among the most significant finds stands as some rules provided for in the regime by audiences, among others, those related to the incorporation of the test, are in contravention of the consecratory constitutional regulations of certain fundamental rights of inescapable observance in the jurídico-procesal relationship, i.e. effective judicial protection and the right of defense. Proposing at the end, a set of recommendations of inescapable consideration when formulating any proposal for reform in the context of the standard it adjectival Civil. Which include among their changes in correspondence with section 257 constitutional regulations laying down a "... brief, oral and public procedure." |
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