Abstract

CARRETTA MUNOZ, Francesco. Approach to the Importance of Preclusion in the Chilean Justice of Family. A Contribution to an Empirical Analysis. Bol. Mex. Der. Comp. [online]. 2019, vol.52, n.155, pp.757-777.  Epub Feb 28, 2021. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2019.155.14947.

Family justice in Chile underwent a fundamental change in 2005, moving from a written procedure to an oral and unformalized one. However, even though 14 years have elapsed within, which there have been constant legal changes, there is still no complete understanding of the way some procedural institutes operate, such as preclusion: the borders of the various stages that occur in the hearings are less visible and tend to fade at the time of orality, which in some way dilutes its strict application. The foregoing was detected through a qualitative examination carried out on family judges in Chile. The results of this research, confronted with theoretical parameters, are those disclosed in this study.

Keywords : Reform to Family Justice in Chile; Family Process; Preclusion; Oral Hearings.