Abstract

LOVERA PARMO, Domingo  and  PERRICONE, Anita. The Chilean writ of protection as an opportunity for legal mobilization? Beyond courts (and their decisions). Cuest. Const. [online]. 2022, n.47, pp.157-186.  Epub May 12, 2023. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2022.47.17526.

There is relative agreement in Chilean constitutional doctrine that the writ of protection has been transformed, irremediably, into a precautionary action. This paper attempts to put the writ of protection in perspective, asking what other variables have contributed, despite what has been said about its precautionary nature, to endow the writ of protection with an effective signaling function. To this end, we use the theory of legal mobilization to show that the low activation costs offered by the writ of protection transform it into an important source of legal opportunities. The effectiveness of its signaling function, however, depends on other conditions: this paper focuses on one of them, namely, the kind of social actor who use it. This factor, which is often overlooked in doctrinal analyses, complements the understanding of the writ of protection as a repertoire of legal mobilization.

Keywords : writ of protection; legal mobilization; signaling function.

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