Principles of the process and the preliminary hearing in the contexto f the ordinary civil process in Paraguay

Abstract

This research is aimed at analyzing the institute of the preliminary hearing in ordinary civil process. The general objective was evaluating the principles of the process that a reform of the Paraguayan civil justice should contemplate, for the legal regulation of the preliminary hearing in the scope of the ordinary civil process. From the methodological point of view, it was an investigation aimed at the concretion of a grounded theory, so the approach taken was qualitative. The sources of information are theoretical - documentaries on the one hand and the semi-structured interview of 30 judges as a primary source. The most relevant results constitute the identification of the principles of the process that must be considered for a regulation of the preliminary hearing. From this, the aspects that must contain a possible reform to civil justice in Paraguay are established, with a view to the regulation of the preliminary hearing, in relation to the configuration of the principles of immediacy, orality, procedural economy and concentration.