Protection Action
Wolfenson Lawyers represents its clients in the filing of the protection action.
This resource is the most recognized way for the effective protection of the constitutional rights of our clients. Through its use, we seek to safeguard the main intangible guarantees that our Political Constitution of the Republic, in article 19, provides to each person.
Wolfenson seeks the satisfaction, defense and prominence of their human rights. Property, health, life, freedom of worship, honor, privacy, the environment, work, education, equality, among many other guarantees fall within the scope of our lawyers.
Here is a brief legal guide to provide you with guidance on remedies of protection:
What is the protection resource?
The remedy of protection is that action that the Constitution grants to all persons who as a consequence of arbitrary or illegal acts or omissions , suffer deprivation, disturbance or threat to their rights and constitutional guarantees .
The remedy of protection does not protect all the rights and freedoms of individuals , but only those determined in the Constitution :
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Right to life.
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Equality before the law.
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Right to be judged by the courts established by law and established before the execution of the act.
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Right to protection of privacy and to the honor of the person and his family .
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Inviolability of home and all forms of private communication.
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Freedom of conscience and freedom of worship.
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Right to choose the health system , whether state or private.
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Teaching freedom.
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Freedom of opinion and information.
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Right of assembly.
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Right of association.
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Freedom of work , your free choice and free hiring.
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Right to organize.
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Freedom to develop any economic activity .
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Right not to be discriminated in the treatment of the State in economic matters.
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Freedom to acquire the domain of all kinds of goods.
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Property rights.
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Intellectual and industrial property law.
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Right to live in an environment free of contamination , when affected by an act or omission attributable to a specific person or authority.
How is a protection appeal filed?
Any person, natural or legal , or a group of people, who has suffered the disturbance or threat of these rights, either directly or a third party on their behalf, may file a remedy of protection .
The remedy of protection must be filed before the Court of Appeals in whose jurisdiction the act was committed or the arbitrary or illegal omission caused by the violation of the rights or freedoms indicated above, or corresponding to the domicile of the person appealing.
The term to file an appeal for protection is 30 calendar days from the moment the act or omission that motivates the appeal occurs or from when the act became known, a fact that must be proven before the Court by means of the favorable arguments of Wolfenson's lawyers. .
The remedy must be submitted in writing and substantiate the illegal or arbitrary act or omission that is the basis for its filing, as well as the rights or guarantees enshrined in the Constitution that are violated.
What is the Competent Court to file the protection action or resource?
Court of Appeals in whose jurisdiction the act was committed or incurred in the arbitrary or illegal omission or that corresponding to the domicile of the appellant. While legal representation by an attorney is not required, Wolfenson provides a technical and legal defense of fundamental rights , which maximizes the chance for success and effective protection of your legal claims.
What is the admissibility examination of the protection remedy?
It consists of the analysis on the fulfillment or not of the following requirements:
one . That the action has been filed within the deadline. The term to file the protection action is 30 consecutive and fatal days, counted from the execution of the act, or from the occurrence of the omission, or according to the nature of these since the news or knowledge of them has been received.
2. That the facts that may constitute the violation of the fundamental rights or rights affected by illegality or arbitrariness are mentioned .
What decisions can the Court of Appeals make after conducting the admissibility examination of this appeal?
The following scenarios may occur at the admissibility stage:
1. That the action be declared admissible. It is declared admissible when it meets the two previous requirements, and in this case, the Court of Appeals will order the subject against whom the action has been filed, to report, and to send him all the background information in his possession on the matter that is the reason for the resource.
2. That the action be declared inadmissible. In this case, the subject who filed the action, may file the appeal for reversal within the third day.
In the event that the protection remedy is declared admissible, what happens next?
Received the report of the respondent (defendant) and the required background, or without them, the Court will order to bring the cars in relation , and will order to add the cause to the table of the following day.
The Court will appreciate, in accordance with the rules of sound criticism, the antecedents that accompany the action and the others that are added during its processing.
For the best success of the failure, it may declare all steps deemed necessary Tribuna l.
At what point is a judgment on a remedy issued?
The sentence that fails the appeal , must be pronounced within the fifth business day , as a general rule.
The sentence will be notified personally or by the daily status to the person who has deducted the action and to the appealed parties who have taken part in it.
Appeal on the sentence that rejects or accepts a remedy of protection?
It is possible to appeal the sentence issued by the Court of Appeals that accepts or rejects the protection remedy, in the following terms:
1. Competent court. Supreme Court.
2. Resolutions with respect to which it proceeds. Against which it accepts, rejects or declares the action inadmissible.
3. Term. It will be filed within the period of 5 fatal days, counted from the notification by the daily State of the sentence that the action fails.
Wolfenson Lawyers provides a technical, rigorous and quality appeal to maximize the chances of success in the event of an unfavorable sentence.
What is the Order to Not Innovate?
The Court of Appeals in the context of a protection remedy , when it deems it appropriate to protect the purpose and purpose of the remedy, may order not to innovate , that is, decree measures intended to preserve the factual or legal situation presented to the moment of the admission of the resource, in relation to people and goods included in the process. In simple words, the order not to innovate acts as the provisional acceptance or acceptance of the resource while and during the time in which it is processed . Wolfenson in most of his constitutional actions requests an order not to innovate in favor of his clients, in order to paralyze the legal infringement of the most important rights of our clients.
Where is the protection resource regulated in Chile?
The remedy of protection is regulated in the Political Constitution of the Republic (CPR) , mainly in its article number 20 regarding the rights established in article number 19 of the same Magna Carta. It is also regulated in Act Number 94-2015 of the Supreme Court .
Wolfenson Abogados provides excellent legal advice and representation of excellence for the presentation and defense of the protection remedy.
Links of interest about the Protection Resource in Chile :
5.- Political Constitution of the Republic of Chile
Wolfenson Lawyers. Chile Law Firm.
If you need more information and legal advice regarding the protection resource, 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.