EL DERECHO A SER OÍDO Y LA JUSTICIA DEL PROCESO

Abstract

Th is work places the judicial process in the broader context of the various procedures that run through the legal system. From this perspective, it looks at the instrumental or autonomous value of the process and the possible combinations of both variables. Th at is, the paper proposes to address those theories that in diff erent ways relate conditions and characteristics of decision-making processes with respect to the correctness or fairness of their results. In this context, the process of political participation stands as a paradigm both in terms of its connection to the fundamentals of democratic legitimacy, and in terms of the evocation it implies for the judicial process. In general terms, an approximation of this type has to address primarily two issues: the relationship between monitoring a predetermined procedure and the fairness of the procedure’s results, and the value that personal guarantees, especially the right to be heard, bring to the process.