Case Law Gazette of Public Law No 62, week from July 22 to 28, 2019. This week we can highlight the sentence of the Supreme Court in which it states: The denial of the application for transfer of alcohol patent, by the Municipal Council, founded in vague, uncertain, subjective and impossible to verify antecedents, such as information that the Councilors had obtained “by other sides” that there was a clandestine sale of alcohol, constitutes a lack of service.
Case Law Gazette of Public Law No 59, week from July 1 to 7, 2019. This week we can highlight the sentence of the Supreme Court in which it states: The links between a natural person and a Municipality can be qualified as work relations, subject to the Work Code, if they develop outside the legal frame of the article 4 of the Law No 18.883, that establish the contracting on the base of fees, as long as the relations comply with the requirements of habituality, permanence, subordination and dependence established by the work legislator.
Case Law Gazette of Public Law No 58, week from June 24 to 30, 2019. This week we can highlight the sentence of the Supreme Court in which it states: The joint use or not of a same enclosure can not determinate the prohibition of the development of two licit activities and whose functions are expressly recognized on the legal system. Like, on one side, the activity of reception and delivery of prescriptions of lenses with dioptric force, and, on the other hand, the evaluation of ocular refraction vices and the prescription of corrective optical lenses. Said legal difference lacks any rational justification.
In this way, the article 126, paragraph second of the Health Code infringe the article 19 No 2, paragraph second of the Constitution.
Case Law Gazette of Public Law No 57, week from June 17 to 23, 2019. This week we can highlight the sentence of the Supreme Court in which it states: In the context of a lawsuit about patrimonial responsibility of the State, the right interpretation of the prescription rules is the one that understand that the civil interruption of the extinctive prescription period happens with the judicial notification of the lawsuit, effected in a legal manner, said action prevents that the term in question is completed
LCase Law Gazette of Public Law No 56, week from June 10 to 16, 2019. This week we can highlight the sentence of the Supreme Court in which it states: The article 15 of the Law No 19.287, which establish that the lists of past-due debtors for the obligations of said law will be public, does not allowed to make an inopportune collection of the Solidary Fund. In the mention case, the debt publication vulnerates the property right of the debtor, by preventing her to access to funding sources in equal terms that other persons.
Case Law Gazette of Public Law No 55, week from June 3 to 9, 2019. This week we can highlight the sentence of the Supreme Court in which it states: The action of the educational institution, through which they decide not to renovate the enrollment of a student diagnosed with Autistic Spectrum Disorder, is arbitrary, because of the lack of foundation in its decision and for contradict the institutional values declared in its educational project. Also, considering that set him aside from the school where he has assisted for three years, which is the physical and human space known by the student, will unfailingly injure his rights by affecting its development, self-esteem and safety
Case Law Gazette of Public Law No 54, week from May 27 to June 2, 2019. This week we can highlight the sentence of the Supreme Court in which it states: The lack of action of the diverse organisms and services of the Executive branch, regarding the situation of Quintero and Puchuncaví constitute illegals omissions, because they have failed to fulfill their legally stablished duties, and they have vulnerated the rights guarantied in the article 19 No 1,8 and 9 of the Constitution, which implies the neglect of the physical and mental integrity of the neighbors of Quintero and Puchuncaví, as their well-being, understanding the last like the full and concrete expression of good health. In addition, the omission of the state entities lasted so long that became serious and the authorities -by not acting in an effective way- put in danger the health and the life of the persons in favor of whom the claim is presented
Case Law Gazette of Public Law No 53, week from May 20 to 26, 2019. This week we can highlight the sentence of the Supreme Court in which it states: The collection after four years of the debt for the use of the concessioned highway with a vehicle that belongs to a company, that was object of the crime of misappropriation, constitute an illegal and arbitrary conduct, for both, the bank institution and the Central Highway
Case Law Gazette of Public Law No 52, week from May 13 to 19, 2019. In the context of a claim of illegality against the Resolution of the Health Authority (Seremi by its initials in Spanish) that imposes a fine, it does not correspond to the second-degree court to reduce it, considering the inexistence of the vice of illegality by the authority and the nature of said claim action, that prevents to the court to make considerations of merit about the administrative penalty applied.