El principio iura novit curia en la acción de protección

Abstract

There is an excessive use of the Iura Novit Curia principle by judges when resolving protection actions to the detriment of the principle of effective judicial protection, due process and legal certainty. This article has the objective of analyzing the application of the iura novit curia principle by constitutional judges when issuing sentences within the jurisdictional action of protection action; for which a descriptive research based on historical-logical, exegetical and analytical-synthetic methods was developed, as well as the content analysis technique. Among the results, it is meant that, given the existence of legal problems in the application of this principle, in terms of limits, scope, role of the judge and impartiality of the administrators of justice, it is suggested to the National Council of the Judiciary the creation of an instruction oriented to constitutional judges, with the purpose of guaranteeing, in addition to their instruction, due respect for the constitutional rights of citizens, which cannot be violated by subjectivity or excess of the procedural principle iura novit curia.