La mediación como defensa del consumidor electrónico. Llamado al proceso ejecutivo simplificado

Abstract

This article intents to demonstrate that in Colombia the regulation about consumer law has deficiencies in the effectiveness of the pro consumatore principle, due to the development of the verbal process without a material execution of the substantial right. Consequently, the normative gap in the solution of judicial and extrajudicial disputes will be identified. Therefore, the inclusion of the simplified enforcement procedure is proposed as an alternative for the speed of the substantive right, strengthening the current state of mediation within the Alternative Dispute Resolution in terms of consumer protection and development in e-commerce. The methodology is concentrated on the harmonious adaptation of the dogmatic and the lege ferenda suggested by Professor Christian Courtis, which arises from the competence of the Superintendence of Industry and Commerce, to resolve disputes about e-consumer and his intervention as a mediator in claims submitted by consumers. Consequently, the development of draft Law No. 584 of 2021, which is currently in the Congress of the Republic, in conjunction with the adoption of the simplified enforcement procedure, concentrates the principles of efficiency, transparency, and impartiality in the matter under study.