The summary cognition in the application for protection of poverty is regulated in articles 151 to 158 of the General Code of Procedure (CGP), and consists of a special procedure to grant the benefit to those who cannot face the expenses of the judicial process without affecting their subsistence or that of their dependents.
What is poverty relief?
Legal aid for the indigent, according to the General Procedural Code (CGP), is a procedural benefit granted without the need to comply with ordinary procedures or present exhaustive evidence, seeking to guarantee equal access to justice. This benefit exempts the applicant from expenses such as court costs, fees, and bonds.
The Supreme Court of Justice has reiterated that this protection is based on the principles of free access to justice and procedural equality (Order of December 14, 1983).
Application for legal entities
Legal entities may also request protection, but they must prove that their economic difficulties are serious, jeopardizing the entity’s financial sustainability. The evidence may be of any kind and is presented summarily, without rebuttal.
Article 153 of the CGP determines that the request must be resolved in the order admitting the case, without a contradiction process or a hearing for the opposing party.
Incidents and summary nature
The process of providing legal aid for the poor does not decide the substance of the matter, that is, it does not resolve the main controversy but only collateral aspects related to the resources to litigate.
Doctrine and jurisprudence indicate that:
- The decision is made sine audita altera pars (without hearing the other party).
- The lack of a hearing and adversarial process is consistent with its summary and extrajudicial nature.
- Decisions do not require rigorous motivation.
- The request is resolved with summary evidence and in an expedited manner, favoring the efficiency of the process.
Historical and functional context
Summary cognition, or summatim cognoscere, comes from Roman law, representing accelerated and simplified procedures for incidental or provisional matters.
In Colombian law, it is applied in multiple procedural incidents (art. 127 CGP) with the aim of speeding up the administration of justice without compromising the protection of truth and the law.
Modern jurisprudence
The Court has emphasized that:
- Excessive requirements or burdens of proof should not be imposed to deny protection (CSJ, AL2871-2020).
- A simple sworn declaration of poverty is sufficient to grant the benefit, in accordance with the principle of good faith and constitutional doctrine.
- The process should avoid delays by requiring hearings or unnecessary contradictions for this particular procedure.
Main conclusions
- Summary cognition is a fast procedure, based on provisional and non-contradictory evidence.
- The protection of poverty safeguards access to justice for people without resources, without the procedure affecting the resolution of the substance of the matter.
- The process should avoid excessive formalities or requirements that hinder access to this benefit.
- The decision is functional and pragmatic, always subject to the possibility of subsequent review through ordinary channels.
Practical importance
Avoiding confusion between the summary proceedings for legal aid and other procedural steps ensures a more expeditious and fair process for those who require this procedural assistance.
