La conciliación extrajudicial como herramienta para descongestionar la justicia en Colombia
The judicial delay in Colombia is presented by multiple causes, preventing effective access to the right to the administration of justice; This is reflected in the accumulation of processes in judicial offices, so the objective of the investigation is to analyze the extrajudicial conciliation as a t...
- Autores:
-
García Alvarado, María Cristina
Quiroz Insignares, Shirley Paola
- Tipo de recurso:
- Trabajo de grado de pregrado
- Fecha de publicación:
- 2021
- Institución:
- Corporación Universidad de la Costa
- Repositorio:
- REDICUC - Repositorio CUC
- Idioma:
- spa
- OAI Identifier:
- oai:repositorio.cuc.edu.co:11323/8032
- Acceso en línea:
- https://hdl.handle.net/11323/8032
https://repositorio.cuc.edu.co/
- Palabra clave:
- Conflicts
Judicial congestion
Conflict management
Conciliation
Administration of Justice
Conflictos
Manejo de conflictos
Congestión judicial
Conciliación
Administración de justicia
- Rights
- openAccess
- License
- Attribution-NonCommercial-ShareAlike 4.0 International
| Summary: | The judicial delay in Colombia is presented by multiple causes, preventing effective access to the right to the administration of justice; This is reflected in the accumulation of processes in judicial offices, so the objective of the investigation is to analyze the extrajudicial conciliation as a tool for judicial decongestion, according to its limits, regulatory framework and field of application. To develop the research, the main basis was the theoretical framework and various sources of doctrinal, jurisprudential, normative type whose analysis leads us to find that judicial congestion is the first problem for access to justice and that extrajudicial conciliation in the The period between 2018-2020 had a total of 363,933 requests with a result of 183,568 minutes, which represents a little more than 50% of effectiveness, allowing to affirm that it is a useful tool and can be the solution, as its name indicates, extrajudicial of a lawsuit . This self-compounding mechanism is highly relevant to face the judicial crisis, because it has all the regulatory guarantees, legal requirements, guarantees access to justice and gives rise to dialogue. It is proposed that the contentious jurisdiction be reduced to the resolution of controversies that cannot be solved by other mechanisms and that this process not be carried out as a mere exhaustion of procedural requirements but with the total intention of ending the controversy with a fair agreement to the intended interests. |
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