La improcedencia de la reforma a la demanda en el procedimiento ejecutivo frente a la tutela judicial efectiva

Abstract

This research raises the problem of the inadmissibility of amending the claim within the executive procedure, within which it has been examined whether this practice affects the fundamental rights of constitutional status, such as effective judicial protection and the guarantees that arise from it. An exhaustive analysis of the legal and jurisprudential framework shows that the impossibility of amending the claim in this type of procedure can lead to serious consequences that undermine principles, such as legal certainty. It is argued that the norm lacks clarity and precision, prohibiting the application of amending the claim in the executive process, generating uncertainty and doubts about its origin and application. Therefore, a comparative analysis of other legal systems with different procedural systems and a detailed review of national and international jurisprudence was used to justify whether or not to apply the possibility of amending the claim in the executive process. Certainty, clarity, and predictability in the process are essential characteristics for the proper functioning of justice, thus guaranteeing the complete exercise of the right to effective judicial protection for all parties involved. This research contributes to the academic and legal debate on procedural reform in the executive area, offering solid arguments that may advocate for legislative changes to strengthen the fundamental principles of procedural law and ensure equal access to justice for all citizens.