Competencia panorámica del superior ante el recurso de apelación en el Código General del Proceso y los derechos del recurrente
Appeals are the means of challenge par excellence in matters of law, they become opportunities with which every appellant counts to enlist the shortcomings found in the providence dictated by a certain Judge allowing to be corrected, invoking a new decision or determination as to the final judgment only through specific objections; in this way it is up to the higher body to review whether the error found is truthfully caused by any harm to any of the parties that is mandatory to repair, it is important to note that there must be consistency between the appeal and the challenged providence, if not, the appeal will be without object; its function is to minimize judicial error and remedy the grievance caused to any citizen.
The appeal is manifested as the most effective way for the parties to object when it has been incurred in violation of rights or an order in a proceeding, it can be brought directly, i.e. only to file or in subsidy of the appeal replenishment; any recurring person shall have the procedural capacity to appeal and also exercise compliance with the terms established by law, giving rise to the opportunity for the party to grant the appeal; it is thus identified as a condition that the judgment or decision to be appealed may allow the appeal to be brought. In view of the fact that the judge's panoramic jurisdiction was eliminated in that appeal, the support hearing for the appellant has become fundamental, presenting itself as the opportunity given to the party, where it can expressly state the parameters disagree with, in order to give the judge a broad chance to better review and analyze the case.
In my personal contribution I consider that this elimination causes negative consequences because the judge is limited to the objections supported by the appellant, losing competence in the points not mentioned by the appellant, so the judge after carrying out the analysis of the specific case, avizore shortcomings or errors in the decision and therefore can no longer remedy them.
Fuente:
Universidad Externado de Colombia
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