The effectiveness of the judiciary in imposing penalties and the repercussions of the lapse of a right due to its forfeiture

Abstract

   This study addresses the limits of judicial authority in balancing the imposition of legal penalties with the idea of ​​the stability of legal positions resulting from the lapse of a right. It highlights the effectiveness of the judicial authority through the judge's ability to adapt the penalty or civil sanction to the severity of the violation, taking into account the legislative controls that prevent excess. The problem lies in reconciling the right of the state or individuals to impose the penalty with the inevitable legal effect of the lapse of a right as a result of prescription or procedural negligence. The research concludes that the lapse of a right is an essential constraint that prevents the judiciary from exercising its punitive authority, which necessitates precision in determining the dates of lapse. This approach aims to define the dividing line between activating effective justice and respecting the consequences of the lapse of legal deadlines.