Causas de nulidad procesal: una revisión de la teoría de las identidades en el orden contencioso-administrativo

Abstract

Several cases causing invalidity of procedural acts, both acts of the parties and judicial proceedings, refer to the triple-identity rule required for the claim as the object of the litigation: either in order not to repeat a second identical proceeding (confirmatory act, lis pendens and res judicata, depending on whether the first proceeding was not initiated by consenting to the act, is in process or has concluded with a final
judgment on the merits), or in order not to alter that object within the same proceeding (procedural inconsistency with respect to the administrative review, throughout the proceeding or by an inconsistent judgment). The triple-identity civil rule establishes the scope of such identity for all these institutions connected by case law, also
taking into account the singularities of the contentious-administrative object. But the extension of the procedural object still needs to be clarified jointly and individually, so that the cases of invalidity of procedural acts, in addition to responding to their specific objectives against duplicity and inconsistency, do not harm effective judicial protection or the results of material justice.