Critical comment on the project of civil procedural code

Abstract

The Executive has sent to the National Congress, for its study, a Project of Civil Procedural Code that replaces the current in force since 1903. The initiative presents diverse axes, such as, the dejudicialization of certain subjects, the establishment of the orality and the principle of immediacy. However the necessary character of the reform, we will try to demonstrate the inconvenience of establishing certain procedural mechanisms such as a the giving of a preponderant role to the judges, to alter the natural rule of burden of proof, to allow, almost without possibilities of opposition, the provisory execution of certain decisions and, principally, to dedicate a confused and illusory recursive system because of the mixing appeal with cassation in the form and having given the Supreme Court great powers to decide if a matter has to be adjudicated by her via an extraordinary resource.