The judicial jurisprudence on the patrimonial responsibility of the administration and the violations of human rights: problems of compensable funds

Authors

  • Gabriel Muñoz Cordal Universidad de Chile
  • Pedro Valdés Burgos Universidad de Chile

Abstract

Through these lines we seek to analyze the constitutional practice expressed in the different rulings of our superior courts on matters related to fundamental rights and non-contractual liability of the Administration. Our perspective maintains that we are faced with an important disparity of criteria that have defined successive jurisprudential breaks, an issue that mainly affects the relationship between the integrity of the reparation and the state funds that establish compensation for the victims of political violence during the military regime.

Keywords:

Fundamental rights, Non-contractual liability, Public Administration, Patrimonial responsibility of the State, Jurisprudence