El abandono, el efecto impeditivo de proponer nueva acción prescrito en el Código Orgánico General de Procesos con relación al derecho a la Tutela Judicial Efectiva

Abstract

This research work title is "The abandonment, the impediment effect of proposing new action prescribed in the General Organic Code of Processes in relation to the right to Effective Judicial Guardianship" and its main objective is to briefly explain and in a general way how is regulated the abandonment as an Institution within our legal system as of the validity of the General Organic Code of Processes, for which it is necessary to know and refer to basic concepts of Procedural Law, such as “process”, “action” and “pretension”; and to establish the most relevant differences regarding the abandonment contemplated in the repealed Code of Civil Procedure. The analysis focuses on one of the effects of its declaration, the one prescribed in Article 249 of the General Organic Code of Processes, an effect that prevents the actor from exercising new action on the same claim, with the intervention of the same parties, once it has been declared abandoned by the judge. This effect that has raised doubts and controversies in the legal practice of those individuals who practice the profession in law, of the justice operators, of us as students in the academic debate and of the citizens in general, considering that such effect, negatively affects and calls into question the fundamental rights to Effective Judicial Guardianship and Access to Justice, in the absence of the Administration of Justice.