The res judicata secundum eventum probationis in the action of protection

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Abstract

This article focuses on the study of judicial cognition and res judicata, and in particular, its formation in summary constitutional procedures of protection. The problem that arises is whether the definitive final decision in the constitutional protection action prevents renewing the debate in a subsequent process, through the exception of res judicata, the decisive being covered with the quality of immutability, in its material aspect. Within this perspective, the specific point is whether there is a relationship between the evidence produced in the trial and the formation of res judicata, and in having it, how this relationship is applied in summary constitutional procedures of protection. The interest and relevance of their study is not only dogmatic, but above all practical, because there still persists in the doctrine and jurisprudence an erratic understanding about res judicata in the constitutional actions of protection.

Translated title of the contributionThe res judicata secundum eventum probationis in the action of protection
Original languageSpanish
Pages (from-to)741-764
Number of pages24
JournalRevista Chilena de Derecho
Volume46
Issue number3
DOIs
StatePublished - Dec 2019

Bibliographical note

Publisher Copyright:
© 2019 Pontificia Universidad Catolica de Chile. All rights reserved.

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