Derecho Procesal - El proceso judicial

Procedural Law and the Judicial Process

The video explains procedural law and the judicial process, drawing on the work of Uruguayan proceduralist Enrique Véscovi.

Why Legal Processes Exist

People live in society, where scarce resources can lead to conflicts of interest. Historically, disputes were sometimes settled through force. As societies developed, violence came to be rejected as a way of resolving conflicts, and the state assumed responsibility for imposing legal sanctions.

The Role of the State

Alongside making laws, the state performs a judicial function: maintaining order and peace and applying legal sanctions. Procedural law provides the framework for this function.

Definition and Development of Procedural Law

Procedural law systematically studies the principles and rules governing courts and the actions of participants in proceedings, so that substantive law can be applied.

The video notes that procedural law came to be treated as an independent science in the 19th century. Before then, it was considered an extension of substantive law.

The Judicial Process

A judicial process is a gradual, progressive, and interconnected sequence of acts performed by public bodies and private individuals. Its immediate purpose is to establish the relevant facts and apply the law. Its broader purpose is to resolve conflicts and promote social peace.

Elements of the Process

Objective Element: Procedural Acts

Procedural acts are the actions that make up the process. They:

• Occur in a legally prescribed order and follow rules governing time, place, and manner.
• Are gradual: completing one act allows the next to begin.
• Are connected: each act links to the others, like links in a chain.

For example, after a claim is filed and admitted, the defendant is notified and given an opportunity to respond. The sequence ultimately provides material for the judge to assess the evidence and issue a judgment.

Subjective Element: Procedural Subjects

Procedural subjects are the participants in the legal relationship created by the proceeding.

• In a civil process, the essential subjects are the plaintiff, the impartial judge, and the defendant. Their roles correspond to petitioning the court, exercising jurisdiction, and defending against the claim.
• In a criminal process, the essential subjects are the public prosecutor, the court, and the accused.

Teleological Element: Purpose

The process aims to resolve a particular dispute by applying the relevant legal rules, restore social peace, and reach a judgment intended to be fair. The judgment may become final and binding (res judicata).

Speakers and Sources

• Speaker: An unidentified narrator or presenter.
• Source referenced: Enrique Véscovi, identified in the video as a distinguished Uruguayan proceduralist.