Revista de Derecho Público

What happened to the lapse of administrative procedures?: a case law review in light of a 'new standard' from the Supreme Court

Nicolas Araya Avila — 2024-12-28

The present jurisprudential review examines a new criterion applied by the Supreme Court, by virtue of which it dismissed the application of the doctrine of procedural abandonment, indicating that an unjustified delay by the Administration in processing a procedure constitutes a material impossibility of continuing with it. In this regard, it is noted that this new criterion represents a synthesis and consolidation of the jurisprudential development regarding unjustified delays. However, it is observed that this criterion has not been fully replicated in subsequent rulings, as there are resistances that advocate for the application of the doctrine of procedural abandonment.

The concept of Brazilian Jurisdictional Waters and the protection of international marine spaces by the coastal state

Rafael Zelesco Barretto — 2024-12-28

Brazil uses the concept of Brazilian Jurisdictional Waters (BJW) in its national legislation to refer to the maritime spaces over which the country exercises some degree of jurisdiction. This paper investigates its compatibility with the law of the sea, as BJW also encompass the waters above Brazil's extended continental shelf, and are criticized as an appropriation of the high seas. The study takes into account the need to protect the interests of the coastal state on its continental shelf, and concludes that the extension of the BJW is compatible with the law of the sea.

Regulation and legal nature of the essential goods enshrined in Law 20.998, of Rural Water and Sanitation Services

Ximena Castillo Parada — 2024-12-28

In November 2020, Law 20.998 which regulates rural water and sanitation services, came into force. This is a long-awaited legal framework that creates the Sub-Directorate of Rural Water Sanitation Authority, who is responsible for providing water and sanitary infrastructure services that allow the access and use of water, by promoting Chile’s
associative and collaborative water management model. This law creates a new category of goods, essential goods, whose regulation and nature is explored in this article.

The right to health in Chile. Preliminary notes from the public health perspective

Macarena Foitzick Zumelzu — 2024-12-28

This paper begins a new research about the right to health definition, which included different fields of studies, especially law, philosophy and public health. This paper reviews the right to health as a social right and the difficulties in determine his meaning for legal and public health sciences, and how these two fields develop the concept of right to health.

Heterogeneity of the law as a defect in legislative procedure and technique

Carol Andrea Fuller Mansilla — 2024-12-28

Multi-subject legislation presents challenges that can be examined from a dual perspective. On the one hand, it may involve procedural flaws in the legislative process, if the democratic principle has been violated; on the other hand, it reflects poor legislative drafting techniques and jeopardize the principle of legal certainty. To analyze this phenomenon, the various categories it encompasses will be studied and some practical examples will be reviewed. Additionally, there will be an in-depth exploration of the applicable regulations, particularly those related to the core provisions. Lastly, the aforementioned drawbacks and their potential impact on the validity of legal norms will be further examined.

The Public Procurement Tribunal and the effectiveness in the way to restore the rule of law. New regulation, same results?

Andrés Ruiz Ibáñez — 2024-12-28

At paper puts forward a criticism concerned the Chilean model of claims in the public pre-contractual sphere, in terms of the effectiveness of the measures adopted by the Public Procurement Tribunal to restore the rule of law. Based on solutions provided by comparative law, it tries to identify key elements that determine its effectiveness, and the reasons why, in the author’s opinion, the regulation established in the recent Law 21.634 hinders an effective judicial protection. Finally, weighting criteria are proposed when Public Procurement Tribunal must grant any relief, which attempts to overcome the protection, in any event, of the irregular contractor.