Debido proceso colectivo, la representatividad adecuada en las acciones de grupo

Abstract

The present work is about due process of law, and argues for its "mutable" or "dynamic" character, that is, that its guarantees and contents are not static, but that they change depending on the type of claim, so that it can be a collective due process of law, which is covered by a set of special guarantees inherent in to the class actions, among which, "adecuacy representation" stands out, as it is through which, many other guarantees obtain corporeality or realization. Continuing along this path, profuse doctrine, jurisprudence and foreign regulations related to collective processes and adequate representation are analyzed, coming from countries with developed and incipient systems in these areas, such as the United States, Brazil and Argentina; then, the individual character of due process is dissected and not only its collective character is raised, but it is argued for its existence and enforceability in our country in the class actions regulated in Act 472 of 1998, later on, an overflight of the history of the colombian class actions is made, from an adequate representation approach and a scheme is offered for its study according to a lege data perspective; finally some conclusions are offered.