Amparo or Shelter Action
Wolfenson Lawyers represents its clients in the filing of the amparo appeal.
Our Firm provides legal advice in the filing of appeals for protection and protection before the superior courts of justice. The purpose of this resource is to protect the rights of people in cases where their personal freedom and individual security are seen as private, threatened or disturbed.
Our Political Constitution is not limited to establishing rights and declaring protected legal interests, but additionally, it establishes mechanisms to safeguard them, that is, guarantees. Among the guarantees or mechanisms that allow the protection of rights and interests are constitutional actions, such as the appeal for protection.
The following is a legal guide to provide general guidance on the remedy of amparo:
What is the amparo remedy?
The remedy of amparo is that action that the Constitution grants in favor of any person detained, imprisoned or arrested in violation of the Constitution or the law , or who suffers any other deprivation, disturbance or threat to their right to personal liberty and individual security. . Personal liberty is the right that every person has to reside and stay anywhere in the Republic , move whenever they want from one point to another and enter and leave the national territory , provided they comply with current regulations.
The recourse of protection developed by the Wolfenson law firm , tends not only to guarantee the freedom of citizens to stay anywhere in the Republic, move from one to another or leave the territory on condition of keeping the police regulations, but also to punish those who, abusing their authority or claiming powers they do not have, deprive people of one of the most important rights within a regularly constituted country. So it is an action frequently used both by foreigners who have been or could be exposed to a resolution of expulsion from Chile , as well as Chileans who have been detained in violation of our laws.
What's your objective?
In general, the objective is for the affected person to be brought before a judge to review the legality of the deprivation of liberty . If this is the case, their immediate freedom will be decreed or the individual will be placed at the disposal of the competent judge . In other situations, it will seek to reestablish the violated right and ensure the due protection of the affected, granting the judges broad powers to protect the rights of the protected party .
What kinds of appeals for protection can we distinguish?
- Corrective Amparo, one that seeks to correct an arrest, detention or imprisonment produced in violation of the Constitution or the law . He stands before the Guarantee Judge of the place where the affected is. Wolfenson specializes in such constitutional actions .
- Preventive Protection, which seeks to prevent any disturbance or threat to personal freedom and individual security . It is brought before the Court of Appeals of the affected person's domicile.
Who can file the appeal?
Every natural person. It can be the affected person or any other in his name.
What is economic protection?
The economic protection, is a conservative, special and popular jurisdictional action, in which the actor does not need to have a current interest and that seeks to protect the constitutional guarantee of Article 19 No. 21 of the Political Constitution of the Republic . Its source is found in the sole article of Law No. 18,971 of 1990.
“Sole Article.- Any person may report infractions of article 19, number 21, of the Political Constitution of the Republic of Chile .
The actor does not need to have a current interest in the events reported. The action may be attempted within six months from the infringement having occurred, with no formality or procedure other than that established for the amparo appeal , before the respective Court of Appeals , which will hear it in the first instance. Once the action has been deducted, the court must investigate the violation reported and progressively proceed to the case file until the respective ruling.
Against the final judgment , an appeal will proceed, which must be filed within five days, before the Supreme Court and, if not, must be consulted. This Court will hear about the business in one of its Chambers. If the sentence justifies that the complaint lacks any basis, the actor will be responsible for the damages that it may have caused ”.
It is in this way that Wolfenson Abogados provides excellent legal advice for the filing of an appeal for economic protection , which seeks to directly protect numeral 21 of article 19 of the Fundamental Charter.
Article 19.- The Constitution ensures all people:
“21º.- The right to carry out any economic activity that is not contrary to morals , public order or national security , respecting the legal norms that regulate it.
The State and its agencies may develop or participate in business activities only if a qualified quorum law authorizes them. In such case, these activities will be subject to the legislation applicable to individuals, without prejudice to the exceptions established by law for justified reasons, which must also be a qualified quorum ”.
Wolfenson Abogados provides excellent legal advice and representation for the filing of the remedy of amparo in Chile.
Links of interest about the Amparo Appeal in Chile :
4.- Self- agreed Processing of Amparo Appeal
If you need more information and legal advice regarding the remedy of amparo, we invite you to contact our lawyers in Santiago. We are located at Avenida Apoquindo 2930 in the commune of Las Condes, Santiago de Chile.