Effective Judicial Protection: Rights and Guarantees

Posted on Dec 6, 2024 in Law & Jurisprudence

Effective Judicial Protection: Rights and Guarantees

The right to an effective remedy ensures that individuals can protect their rights and interests, not only through courts but also through other lawful means. This right prevents helplessness and ensures legal defense. It includes:

• A) Free Access to the Process
  • Right to access the courts and be part of a due process.
  • Right to choose the appropriate judicial path.
  • Right to identify parties involved in the legal action.
• B) Right of Defense, Without Lack of Defense
  • Ensures the right to a contradictory process and the opportunity to present one’s case.
• C) Right to Judicial Pronouncement on the Merits of the Claim
  • Right to a reasoned and legally based decision on the substance of the claim.
  • The decision must be proportionate and congruent with the claims and requests.
• D) Right of Enforcement of Judgments and Final Decisions
  • Ensures that court rulings are fulfilled and the appellant’s rights are compensated.
  • The legislature can establish alternative solutions, such as indemnification, if execution is impossible.
• E) Right of Access to Legal Remedies
  • Right to appeal judicial decisions to higher courts or through other legal resources.
  • Guarantees the right to a decision based on law regarding the corresponding resource.