The supremacy of substantive law over procedural law La primacía del derecho substantivo sobre el derecho procesal

Abstract

This publication will focus on the constitutional origins of the primacy of substantive law in Panama. The inclusion of such a provision was justified as an attempt to remedy a problem in the functioning of the administration of justice: in the Panamanian judicial process, following legal rituals seems more important than the pursuit of truth. This reflects the Panamanian legal culture. Throughout history, this constitutional precept appears not to have been properly regulated in legislative development nor applied in judicial practice. This article provides an overview of constitutional and legal regulations, as well as case law, to understand the current state of the application of the constitutional principle contained in Article 215, which establishes that the purpose of the judicial process is the recognition of the rights enshrined in substantive law.