CHILE Law and Practice Contributed by: José Miguel Valdivia, Juan Francisco Sánchez, José Tomás Blake and Tomás Izquierdo, Valdivia Legal
13. Remedies 13.1 Damages
parties, often in response to the writ filed by the claimant. Standard or typical defences in Chilean public law cases can include: • asserting that the administrative decision in question was lawful; • arguing that the claimant lacks standing to bring the claim; or • claiming that the decision-maker acted within their discretionary authority. Additionally, defendants may challenge the pro - cedural validity of the claimant’s arguments or assert that the case is inadmissible on various legal grounds. Defences can also draw on con - stitutional principles, procedural missteps and factual inaccuracies presented by the claimant. 12. Interim Relief 12.1 Common Forms of Interim Relief It is possible to apply for interim relief under Chil - ean public law and it is commonly sought by liti - gators through a well-known constitutional writ called recurso de protección . In these cases, the court can issue injunctions to provide immedi - ate protection of constitutional rights while the primary legal matter is being resolved. This form of interim relief is particularly effective in urgent situations where prompt judicial intervention is necessary to prevent harm or safeguard indi - vidual rights from infringement by state actions or public authorities.
It is possible to be awarded damages in an administrative law challenge, as state liability is an established principle in Chilean public law. This means that individuals who have suffered harm due to unlawful administrative actions or decisions can seek compensation for the dam - age caused. To be awarded damages, the claim - ant must demonstrate the connection between the wrongful act of the State and the harm suf - fered, in line with the principles of state liability. 13.2 Invalidating Legislation The Constitutional Court in Chile has sole authority to declare legislation unconstitutional. The Court is tasked with reviewing the consti - tutionality of laws and can invalidate them if they are found to conflict with the Constitution. Other courts may only apply the law as it stands unless it has been declared unconstitutional by the Constitutional Court. 13.3 Mandating Government Action Through Court Orders The judiciary can order the government to carry out a specific course of action, provided that the decision in question is not deemed discretion - ary. In situations where the decision falls under discretionary authority, courts can still require administrative bodies to reconsider the mat - ter, following established legal standards. This means that while the court may not impose a specific action in discretionary cases, it can require a reassessment of the decision. 13.4 Next Steps Where a Decision Is Found Unlawful If an administrative decision is found to be unlawful, the most commonly used remedy is the annulment of the decision. This remedy can
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