Due process is the set of constitutional guarantees
that protect people in order to make sure that there
is an adequate consistence in the presentation
that takes place in a law process. That includes the
representation performed by attorneys -whether
they are hired by the processed person, provided
by the state, appointed as adlitem curators or
appointed by the use of poverty protections- to
introduce and contradict proofs, use resources
and, in general, provide a technical defense to the
people processed. All of these actions are intended
to avoid arbitrariness and biases in judicial and
administrative processes.
The right to have an attorney who represents
each one of the parties involved to express their
positions and to prevent self-incriminations is a
fundamental right established as a part of due
process.
This paper approaches, from its introduction,
the constitutional base of due process and an
observation of it as a legal principle. The elements
of due process are enunciated, along with the due
process´ concept and the guarantees that are part
of it.
