La cosa juzgada fraudulenta en la jurisprudencia de la Corte Interamericana de Derechos Humanos: implicaciones para el estado de derecho contemporáneo
The present article collects in a systematic form some pronouncements from the Interamerican Court for Human Rights about the trials that are been done at the internal legal orderings, in which the guarantees of the acknowledged proper process are not respected and established at the American Conven...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2015
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5331208 |
| Source: | Revista Prolegómenos. Derechos y Valores de la Facultad de Derecho, ISSN 0121-182X, Vol. 18, Nº. 35, 2015, pags. 169-188 |
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| Summary: |
The present article collects in a systematic form some pronouncements from the Interamerican Court for Human Rights about the trials that are been done at the internal legal orderings, in which the guarantees of the acknowledged proper process are not respected and established at the American Convention about Human Rights in its Eighth (8th) article. The description of the theory denominated “Thing Judged Fraud” will be the object for this article. Which tries to determine what is the Thing Judged Fraud or apparent and its elements. As it is improper to establish an abnormal process to the minimum proper defense guarantees and other variables inherent to the proper process as it is the real objective truth of facts to be judged. Unhealthy practice which generates impunity toward the subject being processed and an improper frame that wounds the proper process of victims, as emblem of Procedural Justice. |
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