Tutela judicial y control de las vías de hecho de la Administración en Chile

Abstract

The right to judicial protection is embedded in a catalog of actions or claims that persons can assert against administrative acts or actions that harm their rights and legitimate interests to get remedy. This catalog should be theoretically complete, capable of satisfying all kinds of detrimental modalities arising from the public administration or management. The material execution or enforcement of unlawful (and even nonexistent) administrative acts must be controlled by courts of justice using the common civil procedure, and it is essential that judges make a broad interpretation of it rules, with the aim of protect persons while the process is still pending, especially regarding provisional remedies.