LA IDONEIDAD DE LA TÉCNICA PROCESAL: UNA RELECTURA DE LA TUTELA JURISDICCIONAL EFECTIVA

Abstract

Effective jurisdictional protection and procedural efficiency are concepts that are directly related and interact in favor of the protection of material rights and interests, the end of the Jurisdiction in a State of Constitutional Law. The ideal or adequate procedural technique appears as a variable for concrete efficiency. The open or porous texture of the Chilean constitutional norms that regulate the matter today, allow to reread its content and integrate this proposal that at the end of the investigation ends up being considered a condition and presupposition of the same. The integration of these concepts is also sufficiently supported by national and comparative doctrine from the evolution of precautionary protection to the appearance of new procedural forms such as differentiated techniques. The suitability of the procedural technique in this regard appears as a key tool for the purpose, even without the need for legal reforms.