The ethical dimension of equal treatment between parties in civil proceeding and its reflection on the effectiveness of judicial services

Abstract

The objective of this work is to analyze the connection between ethics and the principle of equal treatment in civil proceedings, with emphasis on the effectiveness of judicial services. Observance of human rights is the appropriate criterion for guiding ethical conduct in society. As freedom and equality constitute fundamental moral values ​​of the legal order, the constitutionalization of ethics is mandatory, strengthening its position in relation to politics and law. The more ethical the State, the greater the validity of its actions and the recognition of the legitimacy of its power. An ethical reading of the Constitution leads to an understanding of the values ​​of freedom, equality, and fraternity as moral dimensions of the citizen and fundamental principles of the legal order. It is the responsibility of the Judiciary to base its decisions on the realization of the fundamental principles of the Democratic Rule of Law, which presupposes a coherent link between the order of principles and the constitutional text. Since there is no hierarchy among fundamental rights, equal treatment must be compatible with the effectiveness of judicial services, which requires treatment of the parties consistent with their rights, otherwise the principle of equality between materially unequal litigants would be violated. The Code of Civil Procedure, as is the case with preliminary injunctions, appeals, and enforcement proceedings, contemplates differentiated treatment between the parties according to the substantive rights they hold.