Responsabilidad subjetiva del Estado por acciones de sus agentes. Análisis jurisprudencial de Sentencia de la Corte Suprema Rol N° 306-2020 caratulada "Hernández Céspedes, Marcelo y otros con Fisco de Chile"
The concept of the State’s subjective liability must be applied when the actions of its agents differ from the Service’s proper functioning and regulation, resulting in trials for Damages, due to the lack of service. Notwithstanding the above, before the State’s subjective liability is confirmed by...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2021
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8944360 |
| Source: | Revista Jurídica Digital UANDES, ISSN 0719-7942, Vol. 5, Nº. 2, 2021, pags. 164-173 |
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| Summary: |
The concept of the State’s subjective liability must be applied when the actions of its agents differ from the Service’s proper functioning and regulation, resulting in trials for Damages, due to the lack of service. Notwithstanding the above, before the State’s subjective liability is confirmed by a Court of Law, it is necessary to evaluate the sort of activities and required performance standards that it must abide by. The Chilean police force, Carabineros de Chile, is authorized by our legal system to use force, being liable for their actions when such force is not adequate to its objectives which is the reestablishment of public order, or when their actions result in undesired consequences, that could have been avoided by the institution. |
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