Publicación: El principio de inmediación y la práctica de medidas cautelares innominadas decretadas en procesos virtuales por jueces civiles
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With the issuance of the General Code of the Process -CGP, through the entry into force of Law 1564 of 2012, the Colombian procedural legal system privileged oral and concentrated actions as a strategy to overcome co-management and judicial delay, phenomena attributed to ritual excess of the nineteenth-century scriptural system. With this new procedural statute, immediacy, elevated to a jurisdictional guarantee, stands as a guiding principle of the actions of the procedural subjects, especially that of the judges, who, in order to give validity to their procedural actions, have the legal duty to directly assume the knowledge of acts that imply the restriction in the enjoyment of the rights of the parties involved in the process, as in the exhaustion of evidentiary proceedings and the practice of precautionary measures, whether nominated or unnamed, having been decreed ex officio or at the request of some of the procedural subjects. Thus, and by virtue of the principle of immediacy, the practice of precautionary measures must be characterized by a series of formalities of a legal nature that seek to limit their practical effects, preventing them from becoming disproportionate with respect to the legal asset it is intended to protect. However, with the adoption of extraordinary measures to face the COVID19 pandemic, through Decree 806 of 2020, judicial services have had to migrate rapidly to virtuality, which represents a period of transition and adaptation in order to incorporate new standards and procedures for the management of processes, which obviously entails a kind of uncertainty regarding the procedural guarantees in force, to the extent that we find ourselves in an unprecedented situation where technological means and tools must be incorporated, in the process, both the processes that had been running out, such as those initiated in the midst of the state of economic, social and ecological emergency decreed as a consequence of the pandemic. The present work is a legal monograph that had as its source a qualitative research through which a compendium of legal literature was studied to determine if the rules adopted by Legislative Decree 806 of 2020, violate or not, the principle of immediacy, characteristic of civil procedure, predominantly oral and concentrated. Specifically with regard to the practice of unnamed precautionary measures decreed ex officio or at the request of the parties. For this, we compile and study the Decrees issued by the National Government on virtual judicial services, as well as their corresponding enforceability rulings issued by the Constitutional Court, to contrast their scope and meaning with the standards of justice through which they are he built the civil procedure of the General Process Code, and in this way answer the question posed as a guide for this work.