Guide to the Chilean recurso de protección (Art. 20 Constitution): 30 calendar days to file, protectable rights, proceedings before the Court of Appeals and appeal to the Supreme Court. 2025 case law.
Chile's recurso de protección under Art. 20 of the Constitution is the primary constitutional protection mechanism, protecting a specific list of fundamental rights (not all constitutional rights). The most important ones: right to life, equality, property (Art. 19 N°24, most frequently invoked), and economic freedom.
Deadline: 30 calendar days (días corridos) from the act or from when the affected party became aware of it. This is a fatal deadline with no exceptions.
Procedure: Filed before the Court of Appeals of the affected jurisdiction. The court may order a stay (no innovar) immediately. The respondent has 5 days to file a report. The court decides in session (without oral arguments as a rule). Appeals to the Supreme Court must be filed within 5 days of the ruling.
Lexiel searches Chilean Supreme Court and Courts of Appeals decisions on protection remedy admissibility by right type, calculates the 30-day deadline, and drafts the application following the 2015 Auto Acordado requirements.
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