Abstract

ALVEAR TELLEZ, Julio. THE CASE LAW OF THE APPEAL TO PROTECT THE RIGHT TO ENGAGE ECONOMIC ACTIVITIES THE TREE MAIN SHORTFALLS OF THE LAST DECADE. Estudios constitucionales [online]. 2013, vol.11, n.1, pp.167-220. ISSN 0718-5200.  http://dx.doi.org/10.4067/S0718-52002013000100006.

The work assesses the jurisprudence of the appeal to protect the right to engage economic activities in the last decade (2001-2012), identifying the three large deficits that have diminished its effectiveness. The two first, that have already been addressed by the doctrine, are now subjected to further review. These are the reduction of the scope of the legal action to the only article 19 N° 21 second subparagraph and the limitation of the judgment to the declaratory effect of mere certainty. This adds a third deficit involving the improper formulation of the referred legal action. It is usual that the complainants do not consider with sufficiency that the right to develop an economic activity must "respect the legal rules governing it", which predetermines the negative results of the judicial decision.

Keywords : Appeal to protect the right to engage economic activities ; economic liberty ; deficits in judicial decisions.

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