Draft:Trial of Economic Protection

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Last edited by JoeNMLC (talk | contribs) 3 months ago. (Update)

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The Trial of Economic Protection (in Spanish: Recurso de Amparo Económico) is a legal action of the Chilean Law by which any person can sued by events that violates Art. 19 Nº 21 of Chilean Constitution, relative to economic freedom, doing economic activities and unlawful State intervention in the economy.

Although his origin is in an act (N° 18.971), it is a constitutional action same as habeas corpus and protection of rights, nationality reclaamtion or compensation by judicial error.

Origin

It was established in 1990 by Act Nº 18.971, because art. 20 of the constitutional text does not consider the economic freedom and of enterprise as a right able to sued by an action of protection of rights ("recurso de protección").

Rights protected

According to art. 1 of Act Nº 18.971, it is the right to the economic freedom, in relation with the art. 19 Nº 21 of the Chilean Constitution:

Art. 19.- Constitution warrants to all people:
(...)
21º.- Right to developing any economical activity not contrary to morality, public order or national security, respecting legal norms that regulate it.
State and its agencies may develop economic activities or participate in them only if a qualified quorum act authorizes it. In this case, these activities will be subject to the legislation applicable to particular people, without prejudice to exceptions established by an act for justified reasons, which must also be a qualified quorum.

Regarding the active subject, the law signals that it can be it any person, natural or juridical, without that it was necessary that have some current interest in the facts.

Procedural appearances

Plaintiff and defendant

Regarding the subject active, the law signals that it can be it any person, natural or juridical, without that it was necessary that have some current interest in the facts.

About defendant, in the first paragraph can be any person, but in the second only could be the State or some of their agencies.

Competent court and opportunity

Has to interpose in front of the respective Court of Appeal, that in these cases is the corresponding to the domicile of the sued.

Regarding the opportunity, this law admits to try in the term of 6 months from the occurrence of reported facts.

Procedure

As it signals the rule, follows the same steps that the resource of protection, by what has to resort to the art. 20 of the Constitution and the Autoacordado of the Supreme Court of 1932 (although some authors signal that they are applicable the rules of the articles of the former Code of Penal Procedure):

Action does not need representation of an attorney.
This action can be brought verbally (raising a minute) or written, being able to issue by any way that allows the knowledge by the Court. Then, is put in to admissibility examination, and if it is considered to be relevant, it will begin processing.
The Court will request a reply to the sued, who must evacuate within a prudent period by any way. This reply must contain their version of report of the facts, sending the background or documents that serves as a foundation. Once the reply is received, or regardless if this has not been evacuated in a prudent time, the Court will put the cause in a state to be seen by the court (autos en relación, "expedients in communication"), and the view of the cause to be in a privilegiated order the next day. Likewise, the Court can order proceedings such as send a minister in commission to the scene, or requesting offices from the related authorities and offices.
The main procedural law is applied in the case of verbal allegations before the Court.
Once seen the trial and allegations, the sentence must be issued immediately.

Appeals

Against of the sentence, it can present appeal to the Supreme Court in the term of 5 days. Anyway, all sentence dictated in virtue of this action has to be elevated "in query" in front of the maximum court.

Bibliography

Poder Judicial de Chile (2020). What is the Trial of Economic Protection? (in spanish).
National Congress Library (1990). Act N.° 18.971 - Introduces Special Appeal that Indicates. (in spanish).