Actuación de los operadores de justicia en la aplicación de los principios procesales en los procesos

Abstract

The socio-political dynamics shows us the importance of constitutional control models, given the pressures between public powers, the action of the courts of justice and the public administration on citizens. The judicial function stands as a safeguard of the principles and norms that pursue the realization of an effective justice with total independence of the powers of the State, even more so when the constitutional mandate shows that the citizens are holders of rights and that they can exercise, promote individually and collectively, established on the basis of equality, and without any discrimination, thus guaranteeing that in the procedural system the rights of the owners will be materialized in all matters, instances, phases, and proceedings. For the development of this research work, the type of descriptive, qualitative, and documentary research was used, complemented with bibliographical and normative sources. The administrators of justice, in order to guarantee the rights of their holders, will apply the constitutional precepts, without forgetting the norms of international human rights instruments, which are of strict observance within the terms that the norm evidently foresees in certain cases and in those that are not determined and that must be indicated by the judge, fully subject to the principles and guarantees that govern the exercise of the Judicial Function. Its incorrect application or erroneous interpretation, and the lack of due diligence in its actions lead to an impairment and violation of the rights of the owners. In this context, the 2008 Constitution determines the limits and defines the relationships between the functions of the State. It has the character of supreme norm, and therefore, its compliance must be guaranteed by the legal system in its daily operation.