On May 17, 2024, Act No. 105-2024 was published in the Official Gazette, documenting the new Auto Acordado on the manner of hearing appeals for writs of amparo before the Honorable Supreme Court.
The regulation of the writ of amparo, contained in Article 21 of the Political Constitution of the Republic and the Auto Acordado S/N of 1932, does not specify how the Supreme Court should take cognizance of appeals filed against judgments resolving writs of amparo.
Therefore, given that the increasing use of this constitutional action has led to the development of various jurisprudential criteria, it has become necessary to regulate through an Auto Acordado the possibility of requesting a hearing for the appeal, thereby allowing the Justices to hear the oral arguments of the parties.
Once the case is received by the Secretariat of the Honorable Supreme Court, the president of the Court will order the appeal to be given preferential consideration in the Second Chamber, at which point a request for a hearing must be made. This hearing may be granted if the Chamber deems it appropriate when requested with plausible grounds, and especially when it is jointly requested by the appellant, the respondent, and those considered as parties in the procedure.
Once the hearing is granted, the Court will order the case to be brought forward and the appeal will be added extraordinarily to the docket for hearing and ruling.
For additional information on this matter, please contact Ramón Jara (rjarac@jdf.cl) and/or Valentina Sandoval (vsandoval@jdf.cl).rjarac@jdf.cl) y/o Valentina Sandoval (vsandoval@jdf.cl)
