Importance of orality in venezuelan ordinary civil procedure

Abstract

The research is oriented to the study of the importance of ordinary civil procedure in the oral process and its contributions, leading to a review of the practical theoretical aspects that describe and characterize said oral procedure. The methodology used is qualitative, using the phenomenological-hermeneutic method, supported by legal dogmatics for the interpretation of legal instruments that contemplate orality in the judicial field. Its purpose is to generate a theoretical construct that allows developing a study on the importance of orality in ordinary civil procedure as a judicial mechanism to achieve effective judicial protection. The techniques applied are interview and participant observation, collecting information provided by the three (03) key informants. Among the contributions, it stands out that the principle of orality in the ordinary civil process requires the immediacy of the judge in all acts of the process, currently governed by written forms, in conclusion there is the need to go towards orality to provide solutions to the judicial controversies in the shortest possible time, translating into jurisdictional procedural economy. In addition to the importance of written forms in the ordinary civil process, they are necessary for a sequential record of what happened in the process, given that in Venezuela there is a deep-rooted tradition of written procedure, which includes the oral trial, but not in its entirety.