Reformulation of civil Justice: the importance of adjusting due process according to the Inter-American Court of Human Rights

Abstract

The central hypothesis of this investigation is to determine that the need for reformulation of civil justice in Chile lies in adapting to the standards for due process established by the Inter-American Court of Human Rights. To achieve this goal, the present paper will argue that this result cannot be achie-ved by adapting our civil procedural law to certain rights. A paradigm shift is required in the principles that inform civil process in Chile. It is this change in the foundations on which process rests that makes the implementation of a new Civil Procedural Code indispensable. In this paper, especially in the pro-posals that it offers, the reader will appreciate that the only way to adjust the Chilean Code to the standards of due process established by the Inter-Ame-rican Court of Human Rights is by reformulating the essence of process. This cannot be achieved by partial reforms, but by the promulgation of a new Civil Procedural Code.