CONTENTIOUS-ADMINISTRATIVE JUDICIAL REQUIREMENTS AND CHILEAN ENVIRONMENTAL CLAIMS — BETWEEN JUDICIAL AND CONSTITUTIONAL CASE LAW

Abstract

The administrative qualification of the environmental claim in Chile not only has a descriptive relevance but also presents a comparative utility, as it allows examining whether the judicial interpretation of its administrative requirements is consistent with the interpretation developed by the Constitutional Court. Although this examination could lead to appreciating irreconcilable positions in this area, certain judicial decisions render it possible to observe exceptional criteria. As a general characteristic, these criteria are coherent with the interpretation of the Constitutional Court, extend the procedural guarantees and, finally, justify questioning about the evolution of these demands. © 2023 Authors. All rights reserved.