EL PODER DEL JUEZ PARA RECHAZAR IN LIMINE LA DEMANDA POR MANIFIESTA FALTA DE FUNDAMENTO

Abstract

This paper aims to investigate the content and scope of the legal authority contained in Article 18 Number 1 of the Civil Procedural Code project. This paper deals with the possibility that judges may refuse a complaint in limine when it is unfounded. The author addresses two issues: on the one hand, it defines the necessary elements that allow the use or invocation of this power, that is, to define what is necessary for a complaint to be considered unfounded; on the other hand, it addresses questions pertaining to the constitutional legitimacy of the power, specifically, its compatibility (or lack of) with respect to the effective protection of the law and due process.