Abstract

BORDALI SALAMANCA, Andrés. On the Stand; Chile's Petition for Protection. Rev. IUS [online]. 2011, vol.5, n.27, pp. 56-71. ISSN 1870-2147.

This paper examines the historical and political context of the petition for protection in Chile, which is equivalent to the constitutional guarantees trial of amparo fundamental rights in this country that exists in most countries of continental legal tradition. Furthermore, this study addresses the effect that the Chilean legal system has achieve as a whole allowing the introduction of a jurisdictional mechanism that enables an emergency guardianship of fundamental rights, permitting a direct application by the courts of law of constitutional precepts concerning fundamental rights.

Keywords : Amparo; petition for protection; emergency guardianship of fundamental rights; constitutional law; legal security; Chilean Constitution.