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The ineffectiveness of procedural acts, particularly in relation to invalidity, has been relativized through the action of protection against judicial decisions. In effect, the textual nullities in the civil procedure law have declined, in different case law decisions, in a flexible system of nullities. The ordinary judge is tied to a closed list of cause of nullity, but the judge who decides the action of protection against judicial decisions can declared the ineffectiveness of a procedural act for formal irregularities that are not necessarily regulated by the lawmaker. This particular case suggests an unequal treatment in respect of the same facts, the violation of the foreseeability of procedural forms, the need to recognize the consequences of the action of protection in the civil process and the opening of the nullity system in favor of a more flexible system of nullities through the incorporation of a virtual nullity for a breach of the right to due process. [ABSTRACT FROM AUTHOR]

This article analyses the origin of ius cogens rules through its evolutionary process in the International Law Commission. In particular, the article includes the work of special rapporteurs dealing with the law of treaties project, in which the concept of imperative rules and ius cogens was studied. Some differences between these rules and humanitarian law have also been included. According to Article 53 of the Vienna Convention on the Law of Treaties, a peremptory norm "is a norm accepted and recognized by the international community of States as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character". [ABSTRACT FROM AUTHOR]