INFRINGEMENT OF THE COLLEGIALITY AND JUDICIAL SUSTAINABILITY IN THE HIGHER COURT OF JUSTICE: UNCONSTITUTIONALITY BY REPEATED ADDICTIVE PRACTICE

Gomes M.F.; da Silva Santos J.F.; Manrique J.I.T. · Revista Eletronica de Direito Processual (2022) · DOI: 10.12957/redp.2022.61651

Resumen

Respect for the principle of collegiality by the Higher Court of Justice is the object of this paper. Regarding the outcome of the appeals against the monocratic decisions handed down in the Higher Court of Justice, a documentary theoretical research was developed, based on quantitative empirical to a lesser degree, by the inductive method. It was found that the Higher Court of Justice prevents the material review of monocratic decisions by the collegiate body, aiming to increase the speed of judgments, which is an unconstitutional practice. It was identified conflict between the principles of reasonable duration of the process and collegiality, solved by the postulate of proportionality.

Instituciones: Universidad Nacional Federico Villarreal