Procedural Law


About Procedural Law

The law can be divided into a large number of branches and specializations, whose object of study focuses on various aspects of reality. In the case of procedural law, it's one that's oriented to criminal and civil proceedings and is framed within Public Law.

Procedural law, therefore, is the division of law whose purpose is to supervise the individuals involved in judicial proceedings and to organize the courts that are responsible for delivering justice. As explained by Dr. Mario Gazaino Vitero, it's said that the procedural law is of public order because it includes those public order rules that have been established in order to guarantee social convenience.

Procedural law is composed of all those regulations that allow regulating the various jurisdictional facets of the State that establish the processes that positive law must follow in specific situations.

The basic concepts of procedural law are the action (a subject asks the jurisdiction to express itself about a certain case), the jurisdiction (linked to the obligation of a court to issue a judgment, disseminate and execute it according to legislation in force) and the process (all legal actions that have the purpose of ensuring that the material law becomes effective).

Procedural law is considered to be formal (regulates jurisdiction), autonomous (does not submit to the subordination of other areas of law), instrumental (since it's a tool for substantive law compliance) and public law (it responsible for the jurisdiction of the court).

Procedural law can be divided into various branches according to the processes in which it's involved. Thus, it's possible to talk about criminal procedural law, civil procedural law, administrative procedural law, labor procedural law or constitutional procedural law.

According to the type of right that's submitted to a court trial, the process will have specific characteristics. The rights to discuss can be private (where they are judged through the civil process), labor relationship (which will be judged through a labor process), administrative (where the process is called contentious-administrative), and, in case Of crime or offense, they will be tried through criminal proceedings.

As regards the bodies responsible for failing in this regard, they have a power that allows them to act demanding the application of certain specific legal norms.

The relationship established between the jurisdictional bodies and who must enforce the ruling they determine is called procedural legal relationship.

When a conflict exists and self-defense is dispensed with, it's when Procedural Law arises; then, the State assumes the role of guardian on the rights of individuals, trying to act with justice and respect to decide how such conflict should be resolved.

Whatever the right that's being judged, when the sentence fails, a time period is established in which the effects of the Procedural Law must be respected; In the event that a new law is enacted during the course of the procedure, which may modify the rules of the procedure, said process must be contemplated again by the appropriate Jurisprudence Body to decide whether or not to maintain said judgment.

Origin of procedural law

The first town that manifested an organization to prosecute the behavior of individuals was Greece. While it's not known with certainty what were the characteristics of that administration of justice, we can assure you that he was one of the first peoples to act in a pseudo democracy.

Within what is known of Ancient Greece, it can be known that its jurisdictional organization responded to two characteristics: the specialty (dividing the conflicts into civil or criminal) and the collegiality of its organs (each person who collaborated in the resolution of the conflicts it had a specialty, and the legal body was formed by a plural group of people).

There was a Greek court in Greece, which met to debate in broad daylight in the public square about the best way to guide the future of the community. This group was formed by people chosen by the people, of a good reputation and who had no debts to the treasury. They were responsible for addressing the crimes that were committed and deciding a sentence for criminals.

We could say that in that period of history the Procedural Law arose, although only many years later it was understood as such and the term was coined.

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