Constitucionalización y jurisprudencia constitucional en el derecho de familia Chileno

Abstract

This article automatizes and analyses the case-Law from the Chilean Tribunal Constitucional referred to family relationships. It studies critically twenty-two cases dictated in four matters: a) marriage and gay couples; b) freedom to prove in divorce; c) gender discrimination in family relationships; d) filiation and care relationships. Assuming the constitutional justice fulfils an essential function in the constitutionalization process of the Law, the article verifies that that constitutional case-Law has contributed scarcely to that process. Also, it criticizes the dogmatic role in the constitutionalization of Family Law and in the redefinition of its main principles.