The adjective law or procedural law corresponds to a branch of public law, which is constituted by a set of rules and processes that allow compliance with the law and, thus, guarantee good coexistence.
It comprises the norms, precepts and laws made by a State body that regulate the legal procedures and relationships where judicial activity is put into practice (such as trials and courts).
It is also related to the executive branch, the legislative branch, and the judiciary. Its application, in addition, extends to other branches of law in relation to the processes it has: criminal procedural law, civil procedural law, administrative procedural law, etc.
History
Records have been found that show that Ancient Greece was the first civilization to have a judicial organization system made up of two main characteristics:
- Specialty: the division of criminal and civil disputes.
- Collegiality of its bodies: the institutions were made up of a group of people with specific functions.
They also had a heliastic court, organized in order to guide the community in debates in the main square. It was made up of members of the people who had a good reputation and who had no debts with the treasury. They also decided the sentences that offenders should receive.
Although they were the first steps in the matter, it was years later that the term was coined as we know it today.
characteristics
Some of the most important characteristics of adjective law are:
-It is an autonomous branch of public law and with its own rules.
-It is of a public nature, because it is in charge of ensuring the benefits of the community.
-It is made up of rules and regulations.
-It is not subordinate to another area of law.
-Since it is constituted as a unit, it is applicable in any process that is required. This does not mean that it does not distinguish the different cases since in situations like these, there will be a spatial structure in certain subjects.
-It has the following structure:
-Jurisdiction: refers to the knowledge and decision made by the courts regarding a case.
-Action: the citizen requests legal protection from the State.
-Process: is the resolution of conflicts between the parties involved.
Meaning and scopes of use
The adjective or procedural law, then, allows compliance with the rules and laws raised through the competent bodies.
Similarly, one of the most important aspects in this branch is the judicial process which, in turn, consists of one of the possible solutions when a legal conflict arises.
In this case, it is important to indicate the actions that can be carried out regarding the violation of these established norms:
- Self-tutelage: it happens when the person takes, according to popular expression, justice "into his own hands." In this case, the right to strike and legitimate defense are also admitted.
- Self-composition: resignation or submission of the person who suffers the damage.
- Process: the parties involved in a conflict use a court to solve the problems. They will be subject to the decision that this body decides.
Areas of use
The applications of the adjective law are given in the following branches of this:
- Administrative procedural law.
- Constitutional procedural law.
- Civil procedural law.
- Criminal Procedural Law.
- Procedural labor law.
- International procedural law.
- Evidentiary law.
- Organic procedural law. That refers to the organization and functions of the courts.
- Functional procedural law. In relation to the previous point regarding the procedures and actions of said courts.
There is even talk of its use in commercial law as commercial procedural law.
Another important factor to take into account is the application of the procedure. That is, if the case is national or federal. In both aspects, the rules will be applied within the limits of the territory.
Examples
The execution of the adjective right can be demonstrated as follows:
- Trial for a robbery.
- Conflict between two nations (public international law).
- Divorce trial between two people from different countries.
- Alimony judgment.
- Trial for unjustified dismissal.
It can also be evidenced through the following articles:
Peruvian Civil Procedure Code:
- “Art.2: Exercise and scope. For the right of action of every subject, in exercise of their right to effective judicial protection and directly or through a legal representative or attorney-in-fact, they can appeal to the court requesting the solution to a conflict of interest… ”.
- "Art.46: The party that with malice, artifice or deception promotes an inhibitory, will be sentenced by the court (…) to a fine of not less than three nor more than ten Procedural Reference Units".
- “Art.48: The functions of the Judge and his assistants are of Public Law. They carry out joint work aimed at making the purpose of the process effective. The breach of their duties is sanctioned by law ”.
References
- What is Adjective Law? Definition, concept and meaning. (sf). In Concept definition of. Retrieved: March 9, 2018. In Concept definition of concept definition.
- Definition of procedural law. (sf). In Definition.of. Retrieved: March 9, 2018. In Definition.de de definition.de.
- Adjective law. (sf). In Legal Encyclopedia. Retrieved: March 9, 2018. In encyclopedia legal encyclopeia-juridica-biz14.com.
- Procedural law. (sf). In Monographs. Retrieved: March 9, 2018. In Monographs of monogramas.com.
- Procedural law. (sf). On Wikipedia. Retrieved: March 9, 2018. In Wikipedia at es.wikipedia.org.
- Substantive and adjective law, the same? (2013). At IDC Online. Retrieved: March 9, 2018. In IDC Online at idconline.mx.
- Single ordered text of the Civil Procedure Code. (1993). In SCC. Retrieved: March 9, 2018. In SCC of scc.pj.gob.pe.