Trial of Economic Protection
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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 sue for events that violate Art. 19 Nº 21 of the Chilean Constitution, relating to economic freedom, conducting economic activities, and unlawful State intervention in the economy.
Although its origin is in an act (N° 18.971), it is a constitutional action, same as habeas corpus and protection of rights, nationality reclamation, or compensation for judicial error.
Origin
It was established in 1990 by Act Nº 18.971, because Art. 20 of the constitutional text does not consider economic freedom and enterprise as a right subject to 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 economic freedom, in relation to Art. 19 Nº 21 of the Chilean Constitution:
Art. 19.- The Constitution guarantees to all people:
(...)
21º.- The right to develop any economic activity not contrary to morality, public order, or national security, respecting the legal norms that regulate it.
The 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 private individuals, without prejudice to exceptions established by an act for justified reasons, which must also be approved by a qualified quorum.
Regarding the active subject, the law states that it can be any person, natural or legal, without needing to have a current interest in the facts.
Procedural appearances
Plaintiff and defendant
Regarding the active subject, the law states that it can be any person, natural or legal, without needing to have a current interest in the facts.
Regarding the defendant, in the first paragraph, it can be any person, but in the second, it can only be the State or one of its agencies.
Competent court and opportunity
It must be filed before the respective Court of Appeal, which in these cases is the one corresponding to the defendant’s domicile.
Regarding the opportunity, this law allows filing within 6 months from the occurrence of the reported facts.
Procedure
As the rule states, it follows the same steps as the resource of protection, and therefore must resort to Art. 20 of the Constitution and the Autoacordado of the Supreme Court of 1932 (although some authors state that the rules of the articles of the former Code of Penal Procedure are applicable):
- Action does not require representation by an attorney.
- This action can be brought verbally (filing a minute) or in writing, and can be issued by any means that allows the Court to be aware of it. Then, it is put to admissibility examination, and if it is considered relevant, processing will begin.
- The Court will request a reply from the defendant, who must respond within a reasonable period by any means. This reply must contain their version of the facts, sending the background or documents that serve as a foundation. Once the reply is received, or regardless of whether it has not been responded to within a reasonable time, the Court will put the case in a state to be seen by the court (autos en relación, "expedients in communication"), and the view of the case will be prioritized the next day. Likewise, the Court can order proceedings such as sending a minister in commission to the scene or requesting information from related authorities and offices.
- The main procedural law is applied in the case of verbal allegations before the Court.
- Once the trial and allegations have been heard, the sentence must be issued immediately.
Appeals
Against the sentence, an appeal can be presented to the Supreme Court within 5 days. In any case, all sentences dictated in virtue of this action must be elevated "in query" before 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).
References
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