Factibilidad de intervención del Estado en la garantías procesales en los procedimientos ante tribunales eclesiásticos

Abstract

It is true that although the high Pontiff Francisco, through the apostolic letter "MITIS IUDEX DOMINUS IESUS" of 2015, reformed the canonical process for the causes of nullity of marriage, and diminished the ecclesiastical judicial instances as well as the lapse to issue the nullity sentence of marriage canon of two instances to one, and that such circumstances generate gratuitous, less extensive processes and therefore the improvement of the process before ecclesiastical jurisdiction, it is undeniable to affirm that the procedure to enforce the nullity of Catholic marriage in the civil-family way does not present the above improvement so that the user must go to a second instance in order to ratify the ruling and generate real civil effects, this creates economic and time expenses by the user that make difficult the exercise of the right to prompt and justice, so this paper aims to correct these inconveniences by including the legal figure of the notary public as a state representation that gives full faith of what was acted on the verdict by means of the realization of a public instrument that is accepted by the civil jurisdiction, as a result the user should not attend the family judge with the purpose of avoiding the judicial process that entails rigorous formalities of the legislation.