Abstract

GARCIA LEAL, Laura. Due Process and Effective Judicial Guardianship. Frónesis [online]. 2003, vol.10, n.3, pp.105-116. ISSN 1315-6268.

The objective of this paper is to develop a notion of due process and its respective historical antecedents. Due process covers two dimensions,: one refers to the judicial process per se, and to the juducial institucions necessary for a valid formal court process; the other dimension refers directly to the principle of reasonableness and proportionality in the exercise of power, and as such determines the prohibition of arbitrariness in decision-making. Finally, refeence is made to process as a sustantive reality, a material process, necessary for the correct exercise of the jurisprudence function and the attainment of effective judicial guanrdianship.

Keywords : Due process; effective judicial process; jurisdictional function.