El proceso civil venezolano y los derechos fundamentales en relación a las medidas de protección y garantías procesales

Abstract

The purpose of this paper is to analyze the Venezuelan civil process and fundamental rights in relation to protection measures and procedural guarantees. The civil process in the Venezuelan legal system has been the fundamental objective for the development of this investigation. In this sense, two criteria have been observed that define the protection measures and procedural guarantees; one, has emphasized that it is confined to what is established in article 26 of the Constitution of the Bolivarian Republic of Venezuela; and another criterion established in article 49 described in the constitutional guarantees of due process. It is reflected that Venezuelan civil law is an extensive right established not only in one of the above criteria, but both reasoning by merging them with Article 19 eiusdem, make up a broad conception of Effective Judicial Guardianship when establishing enjoyment and exercise as an inalienable, indivisible and interdependent guarantee of human rights, since, in essence, effective judicial protection is nothing more than compliance with and full respect for fundamental rights in general, as the case may be.