He adjective right or procedural law corresponds to a branch of public law, which is constituted by a set of rules and processes that allow compliance with the law and, thus, ensure good coexistence.
It includes the norms, precepts and laws made by a State organ that regulate the legal procedures and relationships in which the judicial activity is put into practice (as, for example, trials and courts).
It is also related to the executive branch, the legislature and the judiciary. Its application, in addition, extends to other branches of the law in relation to the processes that it possesses: criminal procedural law, civil procedural law, administrative procedural law, etc.
Index
- 1 History
- 2 characteristics
- 3 Meaning and areas of use
- 4 Areas of use
- 5 Examples
- 6 References
History
Records have been found showing that Ancient Greece was the first civilization that had a system of judicial organization consisting of two main characteristics:
- Specialty: the division of criminal and civil conflicts.
- Collegiality of its organs: the institutions were made up of a group of people with specific functions.
Likewise, they had a heliatic court, organized with the purpose of guiding the community in debates in the main square. The same, was integrated by members of the town that counted on good reputation and that did not have debts with the treasury. They also decided the sentences that criminals should receive.
Although they were the first steps in the matter, it was years later when the term was coined as we know it today.
characteristics
Some of the most important characteristics of the adjective right are:
-It is a branch of autonomous public law and with its own rules.
-It is public, because it is responsible for ensuring the benefits of the community.
-It is made up of rules and regulations.
-It is not subordinate to another area of law.
- Since it is constituted as a unit, it is applicable in any process that is required. This does not mean that it does not distinguish the different cases, since in situations like these, there will be a spatial structure in certain matters.
-It has the following structure:
-Jurisdiction: refers to the knowledge and decision taken by the courts in a case.
-Action: the citizen requests legal protection from the State.
-Process: is the resolution of conflicts between the parties involved.
Meaning and areas of use
Adjective or procedural law, then, allows compliance with the rules and laws raised through the competent bodies.
Similarly, one of the most important aspects in this branch is the judicial process, which, in turn, consists of one of the possible solutions when a conflict of a legal nature manifests itself.
In this case, it is important to point out the actions that can be carried out regarding the violation of these established rules:
- Autotutela: happens when the person takes, according to popular expression, justice"by their own hands". In this case, the right to strike and self-defense is also admitted.
- Self-composition: resignation or submission of those who suffer the damage.
- Process: the parties involved in a conflict use a court to solve the problems. They will be subject to the decision that this body decides.
Areas of use
The applications of the adjective right are given in the following branches of this:
- Administrative procedural law.
- Constitutional procedural law.
- Civil procedural law.
- Criminal Procedural Law.
- Labor procedural law.
- International procedural law.
- Probatory law.
- Organic procedural law. Which refers to the organization and functions of the courts.
- Functional procedural law. In relation to the previous point regarding the procedures and actions of said courts.
There is even talk of its use in commercial law as commercial procedural law.
Another important factor to take into account is the application of the procedure. That is, if the case is of a national or federal nature. In both aspects, the rules will be applied within the limits of the territory.
Examples
The execution of the adjective right can be demonstrated in the following way:
- Trial for a robbery.
- Conflict between two nations (public international law).
- Divorce trial between two people from different countries.
- Alimony judgment.
- Trial for unjustified dismissal.
It can also be evidenced through the following articles:
Civil Procedure Code of Peru:
-"Art.2: Exercise and scope. For the right of action of any subject, in exercise of their right to effective judicial protection and directly or through legal representative or attorney, can appeal to the court requesting the solution to a conflict of interest...".
-"Art.46: The party that with malice, artifice or deception promotes an inhibitory, will be condemned by the court (...) to a fine of not less than three nor more than ten Units of Procedural Reference".
-"Art.48: The functions of the Judge and his assistants are of Public Law. They carry out joint work aimed at making the purpose of the process effective. Failure to comply with their duties is sanctioned by law."
References
- What is Adjective Law? Definition, concept and meaning. (s.f.) In Concept definition. Retrieved: March 9, 2018. In Conceptodefinicion.de de conceptodefinicion.de.
- Definition of procedural law. (s.f.) In Definition.de. Retrieved: March 9, 2018. In Definition.de of definition.de.
- Adjective right. (s.f.) In Legal Encyclopedia. Retrieved: March 9, 2018. In encyclopedic Encyclopedia of encyclopedias-juridica-biz14.com.
- Procedural law. (s.f.) In Monographs. Retrieved: March 9, 2018. Monographs of monographs.com.
- Procedural law. (s.f.) In Wikipedia. Retrieved: March 9, 2018. In Wikipedia of es.wikipedia.org.
- Substantive law and adjective the same? (2013). In IDC Online. Retrieved: March 9, 2018. In IDC Online of idconline.mx.
- Single ordered text of the Civil Procedure Code. (1993). In SCC. Retrieved: March 9, 2018. In SCC from scc.pj.gob.pe.