Publicación: La congruencia procesal: entre las peticiones de la conciliación y las pretensiones de la demanda en lo contencioso administrativo
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The reconciliation in the field of law has been treated broadly over the years, both doctrinally and jurisprudentially, however, currently there are still observable, disagreements or disagreements between the applicability of the concepts issued by the high courts with the judges first and second instance. The objective of this study is to determine whether the requests that are expressed in the brief of the application must be the same as those expressed in the request for a preliminary ruling, in this case in what is relevant to the contentious administrative jurisdiction, such as It can be seen in the decisions issued by some judicial operators, or if, in accordance with the provisions of the Honorable Council of State, First Section, by means of the Order 13001233300020120004301 of 03/12/15, the requests for the preliminary conciliation should not be exactly the same as those expressed in the brief of the demand; That is why, through this study, the aim is to offer a broader vision of this topic, and to identify if there is any lack or argumentative gap in the concept of the High Court, or if, on the contrary, it is an all-encompassing faculty of interpretation. , carried out by the first or second instance judge who may jeopardize the principle of legal certainty.