TUTELA JUDICIAL DE GRAVES VIOLACIONES A LOS DERECHOS HUMANOS: LAS ACTUACIONES DEL JUEZ Y LAS OMISIONES DEL LEGISLADOR CHILENO

if the inapplicability of amnesty and statute limitation in the case of forced disappearance, torture and extralegal executions has indeed established itself as a dominant criterion of national jurisprudence, this consensus has not been attained as regards extracontractual responsibility derived from these crimes, nor in respect of the punishment dealt to those responsible. the developments brought about by judges, the dogmatic problems which have been avoided and the areas where swinging criteria still apply, can be analyzed from diverse perspectives, some of which have yet to be explored in depth by the doctrine. in this piece of work special attention will be paid to the problems set out by the legislative authority in order to develop general norms in this area and the consequences of their inactivity in dealing with the rights in question.