Las Medidas de Protección y las Garantías Procesales de los Derechos Fundamentales en el Proceso Civil Venezolano.

The present work has the objective of analyze the protection measures and the procedural guarantees of the fundamental rights in the Venezuelan civil process. For this, the following specific objectives were established: 1) know the principles and governing systems to rule for the application of the protective measures and the procedural guarantees of the fundamental rights; 2) identify the protective measures and the procedural guarantees of the fundamental rights established in the Civil Procedure Code of 1987 through which the citizen can appeal to protect or restore some fundamental right that has been violated in the civil procedural; 3) identify the roll of the Civil Jurisdiction, restrictions and faculties, in the application of the protective measures and the restitution of the fundamentals rights; and, 4) study the reach and the effectiveness of the protection of the fundamental rights through the institutional activity. The methodology used consisted in a documental and juridical model forming an analytical investigation through the inquiry, recollection, organization and interpretation of the bibliography. Was performed an analysis of the content and a comparison of the legal doctrine, legal texts and jurisprudence, with the objective to achieve the objectives proposed and respond the questions that gave origin to the present work. It was taken, mainly as a legal base, the Constitution of the Bolivarian Republic of Venezuela and the Civil Procedure Code in force. It was determined that the Venezuelan system that rules for the development of the fundamentals rights is the democratic social state of law and of justice; that the civil process is mainly in a written form, because of the lack of a reform and contrary of the established in article 257 of the Constitution, where it is established that all of the processes must be orals and briefs; the procedurals mechanisms which the citizen counts to exercise their defense in the case of any violation are the action of protection, the precautionary measures, and the recourses (appeal, appeal for review of facts as well of law, high-court appeal, invalidation, appeal for annulment, petition or motion of clarification and the right of exception to the precautionary measures); having the procedurals guarantees established in articles 26, 28 and 49 of the Constitution of 1999. Having as the procedurals guarantees the ones established in articles 26, 28 and 49 of the Constitution of 1999. Concluding that is necessary reform the CPC to adapt the civil process and guarantee the fundamentals norms established in the Constitution that have the objective reestablish a violated right and to prevent a possible violation.