Abstract

CHACON MATA, Alfonso. THE THING JUDGED FRAUD AT THE JURISPRUDENCE OF THE INTERAMERICAN COURT FOR HUMAN RIGHTS: IMPLICATIONS FOR THE STATE OF CONTEMPORARY RIGHT. Prolegómenos [online]. 2015, vol.18, n.35, pp.169-188. ISSN 0121-182X.  https://doi.org/10.18359/dere.817.

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.

Keywords : Proper process; thing judged fraud; judge independence; impartiality; principle of non bis in idem; Contemporary state.

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