Admissibility control by the Family Judge and fundamental procedural rights

Abstract

Article 1 n°12 of the Law 20. 286, which introduces modifications
to the Law on Creation of the Family Courts, grants a control of
admissibility to the judge and contemplates the possibility of completely rejecting a submission if considered «manifestly inadmissible». The above mentioned attribution which mainly attemptsto clear the case backlog in the Family Courts lacks express regulation in the law with respect to the area of its application. The latter together with the procedural modifications incorporated into the Law 19.968 make possible to estimate that its application would infringe the right to the effective judicial protection and the right to be heard; both intimately related to the right of due process.