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Workshop sobre teoría de las normas y derecho procesal. Diálogos con la teoría del derecho chilena
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Flavia Carbonell presents the preliminary reflections of a research project, "Procedural sanctions in the light of norms theory", which aims to analyze the different unfavorable legal consequences with respect to the parties that occur within a judicial process, and that dogmatics and jurisprudence, sometimes the legislator, considers it as a procedural sanction. Dogmatics and procedural practice often call procedural sanction in a lax and undifferentiated way to group different legal sanctions that are considered unfavorable to the parties in a process. Procedural nullity is visualized as a sanction, in the same way as other situations of loss of rights due to inactivity of the parties. Disciplinary sanctions, criminal penalties or fines would also be other doctrinal uses mentioned above; but also, and of the most important, nullity of an irregular legal act, termination of the possibility of exercising a right or opportunity to execute the act due to the expiration of the term or the expiration of the opportunity and, thirdly, for pecuniary, disciplinary or criminal purposes. Disciplinary sanctions, criminal penalties or fines would also be other doctrinal uses mentioned above; but also, and of the most important, nullity of an irregular legal act, termination of the possibility of exercising a right or opportunity to execute the act due to the expiration of the term or the expiration of the opportunity and, thirdly, for pecuniary, disciplinary or criminal purposes. Derivatives are raised on the subject