LEGISLATIVE DECREE 1070 IN THE LIGHT OF THE RIGHT TO JURISDICTIONAL GUARDIANS IN THE CIVIL SPECIALIZED COURTS OF THE SUPERIOR COURT OF JUSTICE OF PUNO - 2016

Abstract

The right to effective Jurisdictional Guardianship as a constitutional right whose content contemplates access to the jurisdiction to request the protection of a legal situation that is violated through a process provided with minimum guarantees and the right to the effectiveness of the resolutions is analyzed in the application of Legislative Decree No. 1070, while privileging the requirement to go to the extrajudicial conciliation. It is a basic type research with mixed design because it involves both theoretical and practical problems. The instruments used for data collection are the summary form and the observation form; the latter applied in the civil files processed during 2016 in the Superior Court of Justice of Puno. It is concluded that 25% of files processed in 2016 in the civil courts of the Superior Court of Justice of Puno were declared inadmissible for not complying with the conciliation in application of article 6 of Law 26872 limiting access to jurisdiction; being that its requirement in the amendments introduced by Legislative Decree No. 1070 to articles 445 of the Civil Procedure Code and 15 of Law 26872 also imposing to state the claim of the future counterclaim generates defenselessness, while article 636 of the Code Procedural Civil sanctions with expiration its breach affecting the right to the effectiveness of the sentence; Therefore, the amendments introduced by Legislative Decree No. 1070 have judicialized conciliation, generating negative effects in the process.