Complejidad y congestión judicial en Colombia. un estudio socio jurídico sobre la complejidad al sistema judicial en el marco de la ley 1395 de 2010

Abstract

The present paper evidence the problems that congestion brings and the judicial backlog in the face of efficiency problems and productivity in established processes and procedures, which, they are the antithesis of the right of access to the administration of justice and have the Colombian judiciary in trouble, attributing to them the ineffectiveness of the law (Londoño, 2008, 398)in that failure to do so under the terms established by the legal system may have repercussions such as apathy towards the effectiveness of justice over effective access. Along these lines, the work is made up of the theoretical and legal components that demonstrate the problems of congestion, inefficiency and inefficiency of the judicial branch in particular, and specifically in the ordinary executive civil processes developed in the municipality of Neiva, which highlights the determining factors that cause it and includes the growing negative perception that citizens have. This, bearing in mind that one of the essential functions of the Social State of Law is the tendency to keep the administration of justice up to date (Judgment C-242 of May 20, 1997), modernizing the physical and technological infrastructure, among others, to provide a quality service of justice, giving credibility to the system and thus avoiding the erosion of the administration of justice in Colombia, this guaranteeing free access to the administration of justice, which involves the possibility for anyone to apply to the competent judges for the effective protection or restoration of constitutional rights (Cappelletti, 1994, 71 - 75).