Revista chilena de derecho
versión On-line ISSN 0718-3437
ROMERO SEGUEL, Alejandro. JUDICIAL DISCRIMINATION AS A NEW PROCEDUAL MISTAKE IN THE CHILEAN JUDICIAL PROCESS. Rev. chil. derecho [online]. 2011, vol.38, n.2, pp.339-348. ISSN 0718-3437. http://dx.doi.org/10.4067/S0718-34372011000200007.
This is the first sentence of the Supreme Court that unifies conflicting precedents. It marks the beginning of a new stage in our system of revision of sentences, given that for the first time the Supreme Court admits the infraction of a precedent as a case of an erroneous application of law, allowing superior courts to annul a sentence which does not follow such precedent when deciding a similar case. This new reality shall require working with legal concepts that so far have been neglected in the practice of law, which are reviewed in this article with the occasion of this landmark decision.
Palabras clave : Precedent; Unification of precedents; Judicial discrimination; Nullity of a sentence; Equality before the law.