Challenges in correcting errors in the way of filing the claim: An analysis of the prior exception to the error.

Abstract

The new General Organic Code of Processes (COGEP) highlights the introduction of prior exceptions allowed to the defendant during a case, with specific deadlines for their resolution; However, correcting exceptions related to defects in the presentation of the claim, considered correctable, faces significant practical challenges. This creates a dilemma, since although they are labeled as rectifiable, solving them is usually intricate. Article 295 of the COGEP designates the error in the way the claim is presented as correctable, but its real complexity raises crucial questions in the application of the law, altering the traditional procedural dynamics based on written procedures.