El sistema de recursos procesales en el ámbito civil en un estado democrático deliberativo

Abstract

The article approaches the change of paradigm that represents the establishment of the nullity recourse as the only mean of impugnation against final judgments, as it is intended to be in the projected reform of the Chilean civil procedural system. To understand the several edges of the problem, the author analyze the function that judges develops in the procedure of awarding in a context of Rule of Law, as well as the limitations that are presented in consideration of the organization criteria of the procedural protection that inspire the reform, and the adoption of the system of free appraisal of the evidence (or healthy criticism). © 2009 Universidad de Talca, Facultad de Ciencias Jurídicas y Sociales.