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THE APPLICATION OF PROCEDURAL PRINCIPLES IN ELECTORAL JUSTICE

Abstract:

The electoral function is organized by the National Electoral Council as an administrative, technical, operative and contra-ventional body and the Contentious Electoral Tribunal within the jurisdictional and infractional sphere. The fact of imparting justice within the electoral field has a great particularity in all its aspects, taking into consideration that there is a latent gap between the procedural principles of the constitutional justice, the ordinary justice, with the electoral justice that has had to articulate in a forced way the general principles of law, principles contemplated in the General Organic Code of Process and the Electoral Law, Code of Democracy, to achieve organic and procedural guarantees to protect and restore the enjoyment of the electoral rights. Under the above mentioned the present article makes an analysis of the application of the procedural principles in the electoral justice, through the use of a qualitative methodology and the analytical-legal method and the legal exegetical method.