Recurso de Protección in Chile

What this involves

The recurso de protección is a constitutional action, set out in article 20 of the Constitución Política, that lets a person ask the Corte de Apelaciones to restore their rights when they are threatened or disturbed by an illegal or arbitrary act or omission. English speakers sometimes call it a writ of protection. It covers a defined list of rights in article 19, including equality before the law, property, privacy and honor, freedom of association, freedom to conduct economic activity and the right to live in an environment free of contamination.

It is not a general-purpose lawsuit and it does not award damages. Its purpose is to stop or correct an act quickly, and the procedure is therefore short and written. The respondent can be a public body, a municipality, a university, a private clinic, an insurer, a bank or an individual, and many of our cases involve foreigners who face an arbitrary decision from one of them.

What we handle

The 30-day clock

The action must be filed within 30 calendar days. The period runs from the date of the act or omission or from the date you learned of it with certainty, under the rules set by the Corte Suprema in its Auto Acordado on the procedure. Courts examine admissibility early and reject filings that are late or that lack a basis, without hearing the other side. For clients abroad this deadline is the main danger, so please contact us the day you receive an adverse decision.

How the procedure works

The petition is filed with the Corte de Apelaciones of the place where the act occurred. If admitted, the court asks the respondent to report, usually within a few days, may order interim measures and then decides, often within weeks. An appeal to the Corte Suprema must be filed within five days of notification of the ruling. The court can order the act reversed, ordering the respondent to do or refrain from something, or reject the claim and leave the dispute to ordinary courts.

Because the remedy is meant for clear, current violations, it is a poor fit for complex factual disputes, long-completed events or purely contractual disputes. Choosing the right remedy at the start matters. For employment-related rights violations by an employer, see our separate page on fundamental rights violations.