La vulneración del derecho fundamental a la igualdad y al debido proceso del presunto deudor en el proceso monitorio

Abstract

This essay aims to analyze whether the order for payment procedure regulated by articles 419, 420 and 421 of Law 1564 of 2012 violates the right to equality and due process of the alleged debtor. Therefore, in the first place, the order for payment procedure, its background, characteristics, particularities and the speed of the procedure in the judicial apparatus will be studied, as well as the way in which the right to equality and due process of the alleged debtor in the order for payment procedure, and finally, the arguments given by the Constitutional Court through Judgment C-726 of 2014 about the violation of the fundamental right to equality and due process in the aforementioned process will be analyzed, and thus raise the conclusions that are the final section of the essay. About the methodology used, this essay is developed from the qualitative method, being a basic and descriptive exploration not only of the history of the payment order process but also from the different perspectives that have been taken throughout the jurisprudential and doctrinal development In our country.