Orality in commercial justice
This article provides a reflection on orality in commercial justice, focusing on citizen-based justice, a model in which the individuals involved in the legal dispute play an active role during the procedure, and the judge adheres to the principle of immediacy. It is a qualitative research study using the exegetical and argumentative method. First, the right of access to justice is addressed, identifying objective judicial protection. Second, the commercial justice system is analyzed through the commercial oral trial, in line with the 2011 and 2017 reforms to the Mexican Commercial Code. The aim is to describe the phases of the commercial oral procedure and its articulation with the system’s principles, to justify how, through these principles, trust is fostered, and decisions are obtained with greater efficiency, in prompt and expedient justice that reduces costs for both the litigants and the State. In summary, the proximity of the parties in the legal dispute and the actions of the judges restore the citizens’ right to be heard, promoting swift and transparent justice that remains close to the people.