La dualidad cautelar y sumaria de la protección de derechos fundamentales

The protection of fundamental rights suffers from a procedural duality since its physiognomy ranges from that corresponding to a precautionary measure-a temporary, suitable and proportional court order-and to a summary trial-a declaratory procedure that leading to a judgment that has the force of res judicata-. This article delves into its constitutional regulation as well as in the 'autos acordados' (an order emanating from some superior tribunal, promulgated in the name and by the authority of the sovereign), dictated by the Supreme Court (in the years 1977, 1992, 1998, 2007 and 2015) in the Chilean academic literature and in the recent jurisprudence of the Chilean Courts with a dual purpose: Identify the most significant procedural consequences entailed by this duality and value the internal coherence of each of these approaches.