THE SUMMONS IN THE GUARANTEES OF JURISDICTION AND THE PRINCIPLE OF THE CONDITIONAL FORMALITY.

Abstract

The present research will analyze the constitutional scope with respect to the citation of jurisdictional guarantees as a way to guarantee the due process and the right to defense of the legitimate defendants, since the rules of formal citation established in the General Organic Code of Proceedings do not apply, but it is governed by the Organic Law of Jurisdictional Guarantees and Constitutional Control. According to this law, it is established that notifications must be made in the most effective manner possible. Although the law does not expressly refer to the citation, it can be interpreted that the principle of conditioned formality allows the judge to use the available means to properly cite the parties involved. Thus, the legality of the summons is guaranteed within a broader framework of procedural formality. The objective of the research is to determine the possibility or impossibility of following the procedural rules of the COGEP to carry out the subpoena in the field of constitutional justice. A qualitative approach and theoretical-descriptive research was used to extract premises and logical propositions. It was concluded that, using the norms that regulate the subpoena in the COGEP, would only delay the processes in jurisdictional guarantees, the notification that regulates the LOGJCC is based on the principle of conditioned formality, so there is no violation of due process or the exercise of the right to defense.

Key words: summons. Notification, principle of conditioned formality, due process, LOGJCC, COGEP.