La dualidad cautelar y sumaria de la protección de derechos fundamentales

Translated title of the contribution: The precautionary and summary duality of protection of fundamental rights

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Abstract

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.

Translated title of the contributionThe precautionary and summary duality of protection of fundamental rights
Original languageSpanish
Pages (from-to)479-511
Number of pages33
JournalRevista Chilena de Derecho
Volume47
Issue number2
DOIs
StatePublished - 2020
Externally publishedYes

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