¿En qué medida el poder-deber del juez sobre la forma del proceso limita el acceso a la tutela judicial efectiva?

Abstract

The present work studies the relevance that exists in how the judge exercises his power to reject flatly the demands that don’t fulfill the necessary procedural budgets so that the processes acomplish their ulterior purpose that is to obtain a sentence of merit. The study focuses on how the strengthening of the powers of the judge can influence an arbitrary use of the power-duty that is granted to reject doubts, and then explain the rejection of the process as a figure of great relevance and how it will occur a side effect of the use of this figure with the principle of effective judicial protection. This power of duty is not absolute, and therefore has a different treatment as regards the classification of said faculty, which consists in whether it fits within the case of objective unenforceability or if it falls within the unenforceability due to lack of admissibility requirements. Once these hypotheses have been analyzed, we will determine whether or not this rejection really affects effective judicial protection.