Derribando mitos sobre el estado empresario

Abstract

Authors perform a critical analysis of the common approach to understand the provisions of second paragraph of article 19 No 21 of the Political Constitution, inquiring both legal basis of this doctrine and its intended effects. Gathering Chilean tradition in the fields of administrative and commercial law, they introduce a new scheme for understanding the constitutional restrictions to state's industrial endeavors and entrepreneurship policies, as regulatory bases to promote an efficient design and management of State-owned enterprises in the market. Finally, with the proposed scheme as starting point, they briefly survey the need for proportionality on constitutional claims regarding State-owned enterprises.