Rechazo in limine de la demanda por improponibilidad objetiva de la pretensión.

Abstract

The in limine rejection of the complaint is a power granted to the judge to separate from the judicial process complaints that not only fail to comply with the procedural requirements required, but also complaints that have an impossible legal object and when obtaining a sentence, this would not resolve the merits of the matter. This work develops various points of doctrine, those that accept the figure of the in lime rejection found in legal systems and the position of those authors who are against this figure. At the same time, the opposite position is analyzed because this power of the judges can violate the rights to an effective judicial protection of the citizens when requesting legal protection from the State. However, we will explain that the objective of this figure is to try to decongest the judicial system by eliminating those complaints that would not be born into a legal life without falling into the extreme of depriving citizens of justice.