Art 256 lec
Art 256 lec 2021
Art 256 lec online
article 681 lec
The right of all to effective judicial protection, expressed in the first paragraph of Article 24 of the Constitution, coincides with the desire and the social need for a new civil Justice, characterized precisely by effectiveness.
Effective civil justice means, as consubstantial to the concept of Justice, full procedural guarantees. But it must mean, at the same time, a more prompt judicial response, much closer in time to the demands for protection, and with greater capacity for real transformation of things. It means, therefore, a set of instruments aimed at achieving a shortening of the time necessary for a definitive determination of what is legal in specific cases, i.e., judgments less distant from the beginning of the process, more affordable and effective precautionary measures, less burdensome enforcement for those who need to promote it and with more chances of success in the actual satisfaction of rights and legitimate interests.
The effectiveness of the civil judicial protection must involve a rapprochement between Justice and the litigant, which does not consist in improving the image of Justice, to make it seem more accessible, but in structuring procedurally the jurisdictional work in such a way that each case has to be better followed and known by the court, both in its initial approach and for the eventual need to purge the existence of obstacles and lack of procedural presuppositions -nothing more ineffective than a trial with an acquittal of the instance-, as well as in the determination of what is truly controversial and in the practice and evaluation of the evidence, with orality, publicity and immediacy. Thus, the reality of the process will dissolve the image of a distant Justice, apparently located at the end of excessive and lengthy procedures, in which it is difficult to perceive the interest and effort of the Courts and Tribunals and of those who are part of them.
Preliminary diligences are actions that are requested by the future plaintiff of a proceeding to the jurisdictional organs with the purpose of preparing a trial, gathering the LEC -EDL 2000/77463- a series of standard cases, but flexible in its jurisprudential interpretation, which in many cases determines judicial resolutions that may seem contradictory before the same diligence, being essential the content of the presented request, with the justification of its necessity and legitimate interest, utility, effectiveness and the provision of a guarantee. Of great practical utility, especially in relation to the exhibition of documentation, its processing is simple as an incidental procedure followed by the proceedings of the verbal trial, in case there is opposition, having important legal consequences if the request is not complied with, such as the possibility of agreeing an entry and search or the recognition of the facts as a judicial confession. This article analyzes the assumptions, types, processing and aspects of interest with references to judicial decisions issued by Provincial Courts and the Supreme Court.