The Unconstitutionality Action Understood as a Voluntary Jurisdiction Process

Abstract

The present document is an invitation to the study of unconstitutionality action from the viewpoint of the voluntary jurisdiction process. For this purpose, it is out of the theoretical speech that at present studies the matter (itself called Constitutional Procedural Law) and returns to the General Theory of the Procedural Law, in order to explain one of the main institutions of the Constitutional State of Law, lighted by a process whose purpose is not the composition of the dispute, but the prevention of it. Under this premise, the text begins defining the concept of voluntary jurisdiction process, it continues considering the litis prevention through the above named process, then it focuses on the action of unconstitutionality and in its union with the voluntary process, concluding that the action of unconstitutionality can be only understood as a jurisdictional process if it is considered an expression of voluntary processes.