Objective Challengeability in the Venezuelan Criminal Process: A Study on the Appeal and its Impact on Effective Judicial Protection in the Admission of Facts

Abstract

The article focuses on criminal procedural law, on the type of judicial resolution issued in the procedure by admission of the facts, with a view to precisely establishing the appropriate appeal route in order to obtain legal certainty, the general objective is "To theorize about the sense and meaning of the guarantee of effective judicial protection established in the Constitution of the Bolivarian Republic of Venezuela regarding the objective challengeability of judicial decisions in the criminal process, in the processing of the appeal applicable in the procedure by admission of the facts"; A qualitative methodology is developed with a hermeneutic approach for the review, understanding and interpretation of legal texts and jurisprudential criteria, which allows to specify the type of decision issued in the aforementioned special procedure; the challenge mechanisms established in the procedural law are developed, in order to accurately determine the viable challenge resource, in order to have legal certainty and strengthen effective judicial protection. The need to have clear tools and regulations was highlighted; In conclusion, the aim was to provide a holistic view of the need to have uniform jurisprudential criteria on the matter, to avoid situations of legal uncertainty that lead to mistrust and violation of effective judicial protection, determining that the judgment by admission of the facts is an interlocutory judgment with definitive force and the appropriate route of objective challenge is the appeal of the proceedings