The Court of Appeals of Copiapó accepted the appeal for protection filed against the Fundación Educacional Liceo San Francisco de Vallenar and revoked the loss of the appellant’s status as representative and also ordered an investigation to be carried out in accordance with due administrative process, on the facts that motivated the measure adopted by the educational institution.
In a unanimous decision, the First Chamber of the appellate court – composed of ministers Pablo Krumm de Almozara, Carlos Meneses Coloma and Llilian Durán Barrera – upheld the constitutional action, considering that the high school’s decision was illegal and arbitrary.
“From the foregoing reasons, it appears that the measure adopted by the respondent, consisting of the cancellation of the appellant’s status as representative, without due administrative procedure, since, by not communicating to her in the act of notification the facts for which she is sanctioned – classifying her fault as very serious – she is not being given the opportunity to formulate defenses regarding specific charges,” the ruling states.
For the appellate court: “(…) the act of notification constitutes an illegal and arbitrary act that affects the fundamental rights of the appellant established in article 19 No. 2 and No. 3 paragraph 5, that is, equality before the law, since the sanction affected the principle of proportionality and non-discrimination, and not being judged by special commissions, since a sanction, without a due administrative procedure, without being able to validly formulate their discharges, is equivalent to not being judged by an objective and impartial body, but by a true special commission, which necessarily leads to the acceptance of this appeal.”
“Consequently, in order to reestablish the rule of law, the measure applied against the appellant must be revoked and due process must be initiated as required by law, so that the affected party has certain knowledge of the charges brought against her, which is the only way in which she can validly present her defense, and only if after a thorough investigation, the background really warrants it, the corresponding sanction will be applied with full respect for the principles of proportionality, non-discrimination and fair and rational procedure,” it concludes.
Therefore, it is resolved that: “THE APPEAL FOR PROTECTION filed by Mr. Pierre Lincoyán Castillo Franco, on behalf of (…), against the San Francisco de Vallenar High School Educational Foundation is ACCEPTED, without costs, and the measure imposed on May 6, 2024, that is, the loss of the appellant’s status as representative, is rendered void, so that she may exercise her role as representative with respect to her son at the contested high school, and the corresponding investigation must also be carried out through a due administrative procedure, complying with all pertinent legal and regulatory regulations, which allows the appellant to formulate her defense and, to do so, she must be aware of all the facts imputed to her.”
Table of Contents
Landmark Ruling in Chile: Court of Appeals of Copiapó Upholds Appeal for Protection
In a significant decision, the Court of Appeals of Copiapó in Chile has accepted an appeal for protection filed against the Fundación Educacional Liceo San Francisco de Vallenar, revoking the loss of the appellant’s status as representative and ordering an investigation to be carried out in accordance with due administrative process. This ruling is a major victory for the appellant and a testament to the Chilean judiciary’s commitment to upholding the rule of law and protecting individual rights.
The Background of the Case
The case revolves around the appellant’s status as a representative, which was revoked by the educational institution without due administrative procedure. The appellant, Mr. Pierre Lincoyán Castillo Franc, filed an appeal for protection, arguing that the decision was illegal and arbitrary. The First Chamber of the appellate court, composed of ministers Pablo Krumm de Almozara, Carlos Meneses Coloma, and Llilian Durán Barrera, unanimously upheld the constitutional action, finding in favor of the appellant.
The Ruling
The court’s decision is based on the principle of equality before the law, as enshrined in Article 19 No. 2 and No. 3 paragraph 5 of the Chilean Constitution. The ruling states that the act of notification, which did not provide the appellant with an opportunity to formulate defenses regarding specific charges, constitutes an illegal and arbitrary act that affects the fundamental rights of the appellant.
The court emphasizes that the sanction imposed without due administrative procedure is equivalent to not being judged by an objective and impartial body, but by a special commission. This violates the principles of proportionality, non-discrimination, and fair and rational procedure.
Implications of the Ruling
The Court of Appeals of Copiapó’s decision has significant implications for the protection of individual rights in Chile. It reaffirms the importance of due process and the need for institutions to follow legal procedures when taking disciplinary actions against individuals.
This ruling is part of a larger trend of the Chilean judiciary’s commitment to upholding human rights and the rule of law. Recent decisions, such as the Supreme Court’s ruling on the protection of brain privacy [[3]]and the Operation Condor judgment [[2]], demonstrate the Chilean judiciary’s commitment to protecting individual rights and promoting accountability.
Conclusion
the Court of Appeals of Copiapó’s ruling is a landmark decision that upholds the importance of due process and the protection of individual rights. It is a testament to the Chilean judiciary’s commitment to promoting justice and accountability, and sets an important precedent for future cases.
References:
[[1]]https://arbitrationblog.kluwerarbitration.com/2024/04/01/another-good-news-for-international-commercial-arbitration-in-chile-short-comments-on-the-supreme-court-decision-of-january-24-2024/
[[2]]https://www.ohchr.org/en/press-releases/2023/12/chile-operation-condor-judgment-major-win-accountability-turk
[[3]]https://www.frontiersin.org/journals/psychology/articles/10.3389/fpsyg.2024.1330439/full
What are the implications of the Court of Appeals of Copiapó’s ruling for administrative procedures within educational institutions in Chile?
Landmark Ruling in Chile: Court of Appeals of Copiapó Upholds Appeal for Protection
In a significant decision, the Court of Appeals of Copiapó in Chile has accepted an appeal for protection filed against the Fundación Educacional Liceo San Francisco de Vallenar, revoking the loss of the appellant’s status as representative and ordering an investigation to be carried out in accordance with due administrative process. This ruling is a major victory for the appellant and a testament to the Chilean judiciary’s commitment to upholding the rule of law and protecting individual rights.
The Background of the Case
The case revolves around the appellant’s status as a representative, which was revoked by the educational institution without due administrative procedure. The appellant, Mr. Pierre Lincoyán Castillo Franco, filed an appeal for protection, arguing that the decision was illegal and arbitrary. The First Chamber of the appellate court, composed of ministers Pablo Krumm de Almozara, Carlos Meneses Coloma, and Llilian Durán Barrera, unanimously upheld the constitutional action, finding in favor of the appellant.
The Ruling
The court’s decision is based on the principle of equality before the law, as enshrined in Article 19 No. 2 and No. 3 paragraph 5 of the Chilean Constitution. The ruling states that the act of notification, which did not provide the appellant with an opportunity to formulate defenses regarding specific charges, constitutes an illegal and arbitrary act that affects the fundamental rights of the appellant.
The court emphasizes that the sanction imposed without due administrative procedure is equivalent to
