THE WEAKENING OF DUE PROCESS AS A CONSEQUENCE OF THE ELIMINATION OF MANDATORY CONSULTATION IN EX OFFICIO JUDICIAL REVIEW; [O ENFRAQUECIMENTO DO DEVIDO PROCESSO LEGAL COMO CONSEQUÊNCIA DA ELIMINAÇÃO DA CONSULTA OBRIGATÓRIA NO ÂMBITO DO CONTROLE JUDICIAL EX OFFICIO]

Lara-Céspedes A.E.; Vargas-Chaves I. · Revista Eletronica de Direito Processual (2026) · DOI: 10.12957/redp.2026.97551

Resumen

The study analyzed how the suppression of subsection 2 of Article 408 of the Civil Procedure Code violates due process in the jurisdiction of Chiclayo, 2024. The methodology was basic, employing a qualitative, non-experimental, descriptive-interpretative design and semi-structured interviews with eight lawyers from the Superior Court of Justice of Lambayeque, triangulated with documentary sources using Boolean operators. The results showed that the reform reduced hierarchical judicial control, restricted the right to an effective appeal, and weakened judicial protection, generating legal uncertainty and procedural inequality, especially to the detriment of absent defendants represented by procedural curators. It is concluded that such elimination constitutes a direct violation of constitutional guarantees by prioritizing speed over substantive justice and demands urgent legislative reform to restore ex officio judicial review mechanisms that ensure an equitable procedural balance.

Instituciones: Universidad Señor de Sipán