¿Garantiza, si o no, el proceso monitorio colombiano, contemplado en el código general del proceso, la prevalencia del derecho sustancial previsto en el artículo 228 de la constitución política?

Abstract

The Process is Monitorio a legal machinery to make executive titles in the record a documented obligation and does not have as a special feature on the statement of a creditor, about the existence of a monetary not paid for this job, you can go before a judge to require the debtors to pay the debt. This process is from the middle ages where he served for the collection of the financial commitments with merchants, without resorting to some procedural stages of the ordinary cases. Right now, in the Grand Code of the Process, in essence act the same as in the same way, that only means obligations in money, there are these civil or commercial nature, but minimum quantity. The new statute, procedural to find so much speed in the court performances, as the procedural guarantees, is also under the structure to the present constitutional right that involves a subjection to principles and fundamental rights. This leads to the search for a balance between the debtor and creditor when they go to the jurisdiction to demand their rights. The current job seeks to investigate on the guarantee of the juicy rights secure in the Political Complexion in front of the structure Monitorio Process