Revista Chilena de Derecho y Ciencia Política (Chilean Journal of Law and Political Science)
type: channel
description: The Chilean Journal of Law and Political Science is an open access journal, edited by the Catholic University of Temuco (https://www.uct.cl) that accepts original research papers in Spanish, English, and Portuguese. It is an online, continuous publication that operates under the double blind peer review system. The journal enables open, immediate, and free access to all its texts, which can be consulted and downloaded from its website. ISSN: 0718-9389 eISSN: 0719-2150
publisher: Universidad Católica de Temuco
language: en
publication name: Revista Chilena de Derecho y Ciencia Política (Chilean Journal of Law and Political Science)
issn: 0718-9389
copyright: This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0).
items: Between metrics, artificial intelligence and editorial ethics: challenges of scientific publishing from the Global South
items: Virreinato: the term and its actual meaning in the early modern period
items: The Ghost of Dangerousness in the Application of Preventive Detention
items: The digitalization of German civil justice: from video conference to the basic document within a structuring of the process
items: The Validity of Acceleration Clauses in Adhesion Contracts with Consumers
items: Climate Change and forced displacement for environmental factors based on Case T-123 of 2024 of the Constitutional Court of Colombia
items: Community Justice in Southern Peru: Characteristics, Legitimacy, and Effectiveness in the Puno-Region
items: Neurotechnologies in court proceedings?: A qualitative study of judges in Chilean high courts
items: The lawfulness of imposing fines on suppliers that include unfair terms in standard form contracts in Chilean consumer law
items: Supervision of legal persons under the Economic Crimes Act, analysed from the perspective of self-regulation
items: The Lawyer has to act in a righteous way… did I read properly?
items: Legal treatment of parenthood for persons with disabilities in Chile
items: Causation in Strict Liability: Adequate Causation and the Purpose of Protection of the Norm
items: Prohibition of Multiple Prosecutions and Administrative Sanctioning Proceedings
items: 'Abuse, Bad Faith or Fraud’. A better standard for the review of unilateral termination without cause clauses. Corte Suprema, March 5, 2024, Rol 137.874-2022
items: The right to an explanation in automated decision-making: A comparison between GDPR and Law 21.719
items: Social Adequacy and Private Corruption: Applicability of the Criteria in Article 251 Sexies of the Criminal Code
items: Winning and Losing in Constitutional Review: Studying the Determinants of Litigants' Success in the Uruguayan Supreme Court (1989-2021)
items: Reseña del libro Ostovar, Afshon (2024): Wars of Ambition. The United States, Iran and The Struggle for the Middle East (Oxford University Press)
items: El problema de investigación jurídica: claves metodológicas para una formulación pertinente
items: Hydro-territorial Rights and Indigenous Communities: Resistance and Adaptation amidst the Hydro-energetic project of Misicuni, Bolivia
items: Legal regime applicable to the leasing of units in multifamily buildings
items: Structural Factors and Contextual Dynamics in Presidential Approval in Latin America: A Multilevel Analysis
items: Environmental Security and International Cooperation: The Case of the Colombian National Navy
items: Comparative Regional Integration: Reflections on Theories and Concepts
items: The Chilean anti-terrorism law: Critical analysis in light of security
items: War and Punishment According to Two 19th Century American Jurists
items: Total peace. Does crime really pay? Perceptions of Conflict and Negotiation in Colombia
items: The Citizens’ Perceptions of Corruption in Chile, 2020–2024: An Analysis of the “Anti-Corruption Citizen Consultation”
items: Intraparty democracy in Latin America: What do the party statutes say in presidential systems?

Between metrics, artificial intelligence and editorial ethics: challenges of scientific publishing from the Global South
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description: En el inicio de un nuevo año editorial, también se proyectan nuevos desafíos para la revista, en particular para consolidar y profundizar su posicionamiento como referente en América Latina. En este contexto, resulta inevitable considerar los sistemas de medición internacionales, como el ranking Scimago, cuya evaluación continua sigue siendo un indicador relevante de visibilidad e impacto. Sin embargo, si en años anteriores alcanzar determinados niveles en estos rankings constituía el objetivo principal y, en cierta medida, una garantía suficiente de posicionamiento, hoy se advierte una comprensión distinta: el reconocimiento externo no puede sustituir el valor del trabajo editorial sostenido.
subject: Editorial
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creator: Isnel Martinez Montenegro
rights: Copyright (c) 2026 Isnel Martinez Montenegro https://creativecommons.org/licenses/by-nc/4.0
date: 2026-04-16
publication date: 2026-04-16
starting page: 1
ending page: 5
doi: 10.7770/rchdcp-v17n1-art666

Virreinato: the term and its actual meaning in the early modern period
type: item
description: This study is about the term and the category of virreinato (viceroyalty) in historiography as well as in primary sources. We set of from the hypothesis that its use as a territorial definition of New Spain and Peru is confusing, given that there is no documental evidence for such definition, but that the sources show that is has rather a governmental sense. Recently the territorial concept of virreinato coexists in the research studies with another one of the same term, but which refers to viceregal government. Our goal is to show that this meaning does exist in the sources and that it is embedded within a terminological phenomenon that is to be found in the whole monarchy and not only in America. Therefore, this study is divided, after the introduction, into two main sections. In the first one we document the territorial concept of virreinato which has been elaborated by historiography, its characteristics, translations into other languages and how all this is part of the paradigm of American exceptionality in comparison to the rest of the world. In the second part we analyse the meaning of virreinato in primary sources, mainly from the 16th and 17th centuries in order to show it political and governmental use. The conclusions reflect the need to maintain terminological coherence between the meanings of a term within sources and how it is used within historiography. Furthermore, we conclude that the territorial use of virreinato is part of the same exceptionality paradigm just as the colonial category to analyse the period from the 16th to the 18th centuries on the American territories.
subject: Research Articles
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creator: Matthias Gloël
rights: Copyright (c) 2026 Matthias Gloël https://creativecommons.org/licenses/by-nc/4.0
date: 2026-05-20
publication date: 2026-05-20
starting page: 1
ending page: 20
doi: 10.7770/rchdcp-v17n1-art649

The Ghost of Dangerousness in the Application of Preventive Detention
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description: Este trabajo de investigación se ocupó de las medidas cautelares o de aseguramiento que significan la prisión preventiva del imputado, cuya responsabilidad penal no ha sido resuelta. Aun cuando varias voces críticas han cuestionado en Colombia la facultad judicial de imponer medidas de aseguramiento privativas de la libertad, por su contradicción con el principio de presunción de inocencia; este trabajo, que también repasó ese tema en forma breve, presentó dos novedades. La Primera, demostró que algunas de las causales que conducen a tales medidas cautelares no comportan una afectación a la presunción de inocencia. La segunda, prueba que otras causales son dignas de especial reproche por cuanto están soportadas en estimaciones peligrosistas, lo que no ha hecho parte de la corriente principal de cuestionamientos a la detención preventiva.
subject: Research Articles
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creator: Germán Silva-García
creator: Pablo Elías González-Monguí
rights: Copyright (c) 2026 Germán Silva-García , Pablo Elías González-Monguí https://creativecommons.org/licenses/by-nc/4.0
date: 2026-05-06
publication date: 2026-05-06
starting page: 1
ending page: 34
doi: 10.7770/rchdcp-v17n1-art615

The digitalization of German civil justice: from video conference to the basic document within a structuring of the process
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description: The German Zivilprozessordnung dates back to 1877. The former Civilprozeßordnung was characterized by the broad autonomy of the parties, reflected in the dispositive principle and the parties’ responsibility for factual allegations and evidence, hearings as procedural tools (with orality, concentration, immediacy, and publicity), as well as the free assessment of evidence. This article descriptively and critically analyzes the particularities of the digitalization of civil justice in Germany, which encompassed not only the use of virtual proceedings, but also the structuring of proceedings based on a foundational document. The empirical research interest focused on an open inquiry into the suitability and practical use of the foundational document. Particular attention was paid to the debates surrounding virtual hearings and the fundamental requirements for safeguarding due process and fair trial guarantees. The study then examines the procedural foundations of the so-called structuring (or design) of proceedings based on a document jointly prepared by the parties and the judge, which would replace the complaint and according to which the structure and planning of the proceedings would be determined, while also serving as the framework for the judge’s decision-making (principle of congruence). The foundational document was positively implemented in pilot projects within civil courts. The qualitative and quantitative empirical data available to date have been optimistic.
subject: Research Articles
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creator: Álvaro Javier Domingo Pérez Ragone
rights: Copyright (c) 2026 Álvaro Javier Domingo Pérez Ragone https://creativecommons.org/licenses/by-nc/4.0
date: 2026-05-20
publication date: 2026-05-20
starting page: 1
ending page: 40
doi: 10.7770/rchdcp-v17n1-art583

The Validity of Acceleration Clauses in Adhesion Contracts with Consumers
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description: This article examines the validity of acceleration clauses in consumer adhesion contracts in Chile, under the substantive control provided by Article 16 (g) of the Consumer Protection Act. Based on a dogmatic and jurisprudential methodology, it analyzes the clause’s function in general contract law, the rules on maturity forfeiture in the Civil Code, the case law of the Chilean Supreme Court, the interpretative criteria of the European Court of Justice (CJEU) under Directive 93/13, and the Consumer’s National Service’s interpretative circular. The study argues that the legitimacy of these clauses requires the existence of a serious or objective threat to the creditor’s interest and cannot rest on minor defaults. Findings show that while Chilean jurisprudence traditionally upheld acceleration clauses even for minor breaches, recent Supreme Court rulings have adopted a stricter standard aligned with European experience. It concludes that the validity of such clauses must be assessed through proportionality and connectedness criteria, in coherence with objective good faith and with the normative framework of Article 1496 of the Civil Code.
subject: Research Articles
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creator: Sebastian Bozzo
creator: Ricardo Torres
creator: Gonzalo Ruz Lártiga
rights: Copyright (c) 2026 Sebastian Bozzo, Dr. Ricardo Torres Urzúa, Dr. Gonzalo Ruz Lártiga https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-16
publication date: 2026-01-16
starting page: 1
ending page: 39
doi: 10.7770/rchdcp-v17n1-art576

Climate Change and forced displacement for environmental factors based on Case T-123 of 2024 of the Constitutional Court of Colombia
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description: In Case T-123 of 2024, the Constitutional Court of Colombia recognized a rural family as internally forcibly displaced after they were compelled to abandon their property due to flooding caused by the Bojabá River. As a result, the family gained access to the legal benefits established for this status. Based on this precedent, the present study examines the phenomenon of displacement linked to climate change and the notion of “climate-displaced persons.” It argues that this case constitutes a form of indirect climate litigation, insofar as the Court establishes obligations arising from displacement caused by environmental factors. The research is conducted through a doctrinal legal approach complemented by documentary analysis techniques.
subject: Research Articles
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creator: Gonzalo Aguilar Cavallo
rights: Copyright (c) 2026 Gonzalo Aguilar Cavallo https://creativecommons.org/licenses/by-nc/4.0
date: 2026-05-20
publication date: 2026-05-20
starting page: 1
ending page: 24
doi: 10.7770/rchdcp-v17n1-art547

Community Justice in Southern Peru: Characteristics, Legitimacy, and Effectiveness in the Puno-Region
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description: This study examines, through a documentary analysis of prior research—primarily from the repository of the Universidad Nacional del Altiplano de Puno—the characteristics, legitimacy, and effectiveness of communal justice administered by rondas campesinas in the southern Peruvian Andes, specifically in the Puno region. The text highlights that this form of justice is characterized by its peacebuilding orientation, educational nature, accessibility, and its ability to resolve conflicts in a quick, simple, and contextually grounded manner. Its legitimacy stems from a deep connection to the Andean worldview and the sense of belonging it fosters among community members, who regard the rondas as a legitimate authority grounded in social cohesion and shared norms. The system's effectiveness is reflected in the high compliance rate with agreements, driven not by external coercion but by mechanisms of social pressure, moral authority, and collective participation. Among the main contributions of the study is the identification of an alternative justice model to the state system, which not only facilitates the effective resolution of local conflicts but also strengthens social stability and community governance. Furthermore, communal justice encourages the reintegration of the offender, prevents impunity, discourages violence, and reinforces the social fabric without relying on formal resources such as prisons or police, making it a legitimate expression of legal pluralism in rural and culturally diverse contexts.
subject: Research Articles
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creator: Galimberty R. Ponce Flores
creator: Juan Casazola Ccama
rights: Copyright (c) 2026 Galimberty R. Ponce Flores, Juan Casazola Ccama https://creativecommons.org/licenses/by-nc/4.0
date: 2026-04-09
publication date: 2026-04-09
starting page: 1
ending page: 29
doi: 10.7770/rchdcp-v17n1-art497

Neurotechnologies in court proceedings?: A qualitative study of judges in Chilean high courts
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description: This paper presents qualitative research on Chilean high court judges' use of new neuroscientific technologies as expert evidence. The focus of the research is to observe the impact of judges' perceptions of these new technologies on their effective use as expert evidence in litigation, particularly in criminal cases. In other words, it seeks to explain judicial behaviour in this area. Specifically, it seeks to answer the question of whether the rapid regulatory acceptance of neuroscientific knowledge in Chile following the constitutional reform of neuro-rights has an effective correlation with the use of neurotechnological expert evidence. The research consisted of conducting a series of in-depth interviews with a selected group of mag-istrates from the Supreme Court, the Court of Appeals and the Chilean Constitutional Court, analysed on the basis of grounded theory.
subject: Research Articles
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creator: Ricardo Camargo
creator: Hernán Cuevas
rights: Copyright (c) 2026 Ricardo Camargo, Hernán Cuevas https://creativecommons.org/licenses/by-nc/4.0
date: 2026-03-27
publication date: 2026-03-27
starting page: 1
ending page: 33
doi: 10.7770/rchdcp-v17n1-art530

The lawfulness of imposing fines on suppliers that include unfair terms in standard form contracts in Chilean consumer law
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description: The article analyzes the dispute over the lawfulness of imposing fines on suppliers who include unfair terms in standard form contracts regulated by Act No. 19,496 on Consumer Rights Protection and argues that a judicial declaration of nullity is compatible with the application of the residual fine provided for in Article 24, paragraph 1, of that Act. After systematizing the state of doctrinal and jurisprudential discussion, the paper argues that the inclusion of unfair terms is a violation of Act No. 19,496, since it affects basic consumer rights and triggers the imposition of a fine. It also argues that the financial penalty serves as an indispensable deterrent for the effectiveness of the consumer rights’ protection regime. Furthermore, it demonstrates that the nullity of unfair terms is not conceptually a sanction, but rather a mechanism for depriving them of legal effect, and therefore cannot replace the fine. Finally, the paper explains how the imposition of fines combined with the ineffectiveness of unfair terms is aligned with current regulatory developments in European consumer law.
subject: Research Articles
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creator: María Paz Gatica Rodríguez
creator: Pablo Soto Delgado
creator: Matías Villalón Aguirre
rights: Copyright (c) 2026 María Paz Gatica Rodríguez, Pablo Soto Delgado, Matías Villalón Aguirre https://creativecommons.org/licenses/by-nc/4.0
date: 2026-05-20
publication date: 2026-05-20
starting page: 1
ending page: 30
doi: 10.7770/rchdcp-v17n1-art565

Supervision of legal persons under the Economic Crimes Act, analysed from the perspective of self-regulation
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description: The paper addresses the supervisory measure for legal entities incorporated into the Economic Crimes Act. It analyses whether this structural tool, as set out in the law, as a penalty, condition for conditional suspension of proceedings and precautionary measure, promotes the process of self-regulation by entities. In this regard, it first conducts a dogmatic study of the institution in general terms, explaining the reasons why the legislator included it in the catalogue of sanctions and why it was selected over judicial intervention. The supervisory measure is then examined from the perspective of the threefold identity mentioned above, and aspects of positive regulation that are favourable to promoting the proper management of criminal risks can be seen in each of its three identities. Along with this, regulatory deficiencies that could undermine the self-regulation process of organisations are identified.
subject: Research Articles
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creator: Ximena Marcazzolo
rights: Copyright (c) 2026 Ximena Marcazzolo https://creativecommons.org/licenses/by-nc/4.0
date: 2026-04-09
publication date: 2026-04-09
starting page: 1
ending page: 29
doi: 10.7770/rchdcp-v17n1-art579

The Lawyer has to act in a righteous way… did I read properly?
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description: In ethics codes, the lawyer is asked to act in a righteous way. Here we analyze the scope of this mandate, which seems to move the lawyer in an opposite direction of her commitment towards her clients. In sect. I we unpack the challenge. In sect. II we disambiguate the meaning of righteousness. In sect. III we analyze righteousness as a virtue, and the way in which it can be operative given a role ethics context. In sect IV we depurate the meaning of the duty of acting in a righteous way by means of the way the Professional Ethics Code regulates the lawyer’s interactions with different participants. In sect. V we use the duty of righteousness understood as a professional virtue to analyze a case of a violation of the ethics regulation. We conclude that the way it is expected from lawyers to fulfill the mandate eludes the logic of rule following. Because acting in a righteous way implies the deployment of capacities and skills that involve an inner record from the part of the lawyer about how to act on each case. This does not, however, mean that the mandate is just an application of the lawyer’s moral general virtues. It is strictly professional and does not apply to people in general.
subject: Research Articles
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creator: Rodrigo Coloma
creator: Florencia Rimoldi
rights: Copyright (c) 2026 Rodrigo Coloma, Florencia Rimoldi https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-09
publication date: 2026-01-09
starting page: 1
ending page: 30
doi: 10.7770/rchdcp-v17n1-art486

Legal treatment of parenthood for persons with disabilities in Chile
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description: This article aims to analyze Chilean family law jurisprudence concerning the treatment of parenthood relationships involving persons with disabilities. The research systematizes the case law found around the following topics: child support, adoption, personal care, and visitation rights. This analysis reveals the concrete way in which Chilean courts use disability as an element in their decisions, but it also shows that Chilean courts have gradually moved away from long-established prejudices—such as the belief that persons with disabilities are inherently incapable of assuming caregiving roles—to adopt a position that seeks to treat disability as a neutral element. However, this approach suffers from the problem that the State, including the judiciary, cannot assume a passive role regarding the right of persons with disabilities to enjoy parenthood-related rights on an equal basis with others.
subject: Research Articles
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creator: Beatriz Ruiz Sánchez
creator: Pablo Marshall Barberán
rights: Copyright (c) 2026 Beatriz Ruiz Sánchez, Pablo Marshall Barberán https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-20
publication date: 2026-01-20
starting page: 1
ending page: 33
doi: 10.7770/rchdcp-v17n1-art464

Causation in Strict Liability: Adequate Causation and the Purpose of Protection of the Norm
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description: This article analyzes the concept of causation within the framework of strict liability. Chilean legal doctrine currently recognizes that causation comprises both a factual test and a normative test. With regard to the factual test, the theory of the equivalence of conditions is accepted, applied through the hypothetical mental suppression test and complemented by corrective criteria in cases of concurrent or hypothetical causation. As for normative causation, various normative criteria have been developed to determine the scope of liable parties, both within fault-based liability and strict liability regimes. On this basis, the article examines the possibility of applying both the theory of adequate causation and the purpose of protection of the norm to strict liability, identifying the conceptual and normative problems involved in adopting each criterion, in light of risk as a unifying principle of the liability regime.
subject: Research Articles
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creator: Cristian Aedo Barrena
rights: Copyright (c) 2025 Cristian Aedo Barrena https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-22
publication date: 2025-12-22
starting page: 1
ending page: 34
doi: 10.7770/rchdcp-v16n1-art558

Prohibition of Multiple Prosecutions and Administrative Sanctioning Proceedings
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description: The prohibition of multiple prosecutions prevents a person from being subjected to a second sanctioning proceeding for an act for which they have already been acquitted or definitively sanctioned. While the prevailing view recognizes that this protection may apply to administrative sanctioning proceedings, the specific features of such application have not been thoroughly examined. This article aims to analyze the application of the prohibition of multiple prosecutions in the context of administrative sanctioning proceedings, with particular reference to the financial and antitrust sectors. To this end, it examines the rationale underlying this protection, as well as the manner in which its application requirements should be assessed within the framework of such proceedings.
subject: Research Articles
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creator: Javier Escobar Veas
rights: Copyright (c) 2025 Javier Escobar Veas https://creativecommons.org/licenses/by-nc/4.0
date: 2025-08-22
publication date: 2025-08-22
starting page: 1
ending page: 32
doi: 10.7770/rchdcp-v16n1-art479

'Abuse, Bad Faith or Fraud’. A better standard for the review of unilateral termination without cause clauses. Corte Suprema, March 5, 2024, Rol 137.874-2022
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description: The ruling in question rejects a claim for termination of contract with compensation for damages, on the grounds that the contracting party that exercised its contractual right of early termination without cause did not commit abuse, fraud, or act in bad faith. It is noteworthy that this standard is preferable to the requirement of proving a “just and reasonable cause” for exercising the aforementioned contractual right, which is present in previous case law.
subject: Commentaries on Jurisprudence
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creator: Agustín Prado
creator: Francisco Rubio
rights: Copyright (c) 2026 Agustín Prado, Francisco Rubio https://creativecommons.org/licenses/by-nc/4.0
date: 2026-04-10
publication date: 2026-04-10
starting page: 1
ending page: 16
doi: 10.7770/rchdcp-v17n1-art535

The right to an explanation in automated decision-making: A comparison between GDPR and Law 21.719
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description: The text compares the new rules on personal data protection introduced by Law No. 21.719, which reforms the Chilean legal framework in this area, with the General Data Protection Regulation of the European Union (“GDPR”), paying special attention to the regulation of automated decision-making. From a detailed analysis, significant differences are identified between the two regimes, in particular, with respect to the level of human participation and the level of affectation the data subject must suffer for both rules to apply to a specific automated decision. The paper analyzes in detail the differences between the two bodies of law with respect to the regulation of the so-called right to an explanation. The Chilean legislator deliberately departed from the wording of Article 22 of the GDPR by explicitly enshrining this new right in Article 8 bis of the Chilean law. However, the inclusion of the right to an explanation poses significant technical and regulatory challenges, particularly with respect to its application to algorithmic or artificial intelligence systems. In this context, it will be up to the future Chilean Personal Data Protection Agency to develop interpretative criteria and regulatory guidelines that clarify the scope and content of this emerging right.
subject: Research Articles
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creator: Pablo Viollier
creator: Pablo Contreras
rights: Copyright (c) 2026 Pablo Viollier, Dr. Pablo Contreras https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-09
publication date: 2026-01-09
starting page: 1
ending page: 27
doi: 10.7770/rchdcp-v17n1-art527

Social Adequacy and Private Corruption: Applicability of the Criteria in Article 251 Sexies of the Criminal Code
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description: This paper addresses the question of whether the considerations on social adequacy underlying the rule established in Article 251 sexies of the Criminal Code for the offence of bribery can be applied to the crime of private corruption. After examining the wrongful nature of bribery and clarifying the rationale and scope of this provision, the study analyzes the wrongful nature of private corruption. In doing so, it answers the initial question in the affirmative, drawing on general criteria from the theory of objective imputation and the principle of analogia in bonam partem. Finally, it offers several guidelines to specify the scope that these considerations would have in offences of private corruption.
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creator: Guillermo Oliver Calderón
creator: Laura Mayer Lux
rights: Copyright (c) 2025 Guillermo Oliver Calderón, Laura Mayer Lux https://creativecommons.org/licenses/by-nc/4.0
date: 2025-08-29
publication date: 2025-08-29
starting page: 1
ending page: 31
doi: 10.7770/rchdcp-v16n1-art438

Winning and Losing in Constitutional Review: Studying the Determinants of Litigants' Success in the Uruguayan Supreme Court (1989-2021)
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description: The literature on judicial politics posits that powerful litigants, the "haves", tend to prevail in court. Nevertheless, the evidence regarding litigants' success remains inconclusive and is limited to a few advanced democracies and some in Latin America. This article tests the generalizability of extant arguments within the unexplored context of the Uruguayan Supreme Court of Justice (SCJ). Using an original database of the SCJ's decisions on the constitutionality of laws issued between 1989 and 2021, we explore the applicability of party capability theory and its extensions. The findings of this study indicate that the advantage held by those with greater resources is conditional on the issue at stake and is mostly limited to economic issues. These findings offer a nuanced understanding of party capability theory and extend its study to a previously unexplored case in the Global South.
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creator: Florencia Antía
creator: Yoana Cabrera
creator: Fabricio Carneiro
creator: Daniela Vairo
rights: Copyright (c) 2026 Florencia Antía Aguñín, Yoana Cabrera, Fabricio Carneiro, Daniela Vairo https://creativecommons.org/licenses/by-nc/4.0
date: 2026-03-16
publication date: 2026-03-16
starting page: 1
ending page: 35
doi: 10.7770/rchdcp-v17n1-art516

Reseña del libro Ostovar, Afshon (2024): Wars of Ambition. The United States, Iran and The Struggle for the Middle East (Oxford University Press)
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description: En esta recensión reseño el libro de Afshon Ostovar, Wars of Ambition. The United States Iran and The Struggle for the Middle East. En el mismo el autor analiza los conflictos del primer cuarto del siglo actual en Medio Oriente. Para ello, se concentra sobre todo en la competencia entre los Estados Unidos e Irán.
subject: Book and article reviews
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creator: Bruno Fanelli
rights: Copyright (c) 2026 Bruno Fanelli https://creativecommons.org/licenses/by-nc/4.0
date: 2026-05-20
publication date: 2026-05-20
starting page: 1
ending page: 4
doi: 10.7770/rchdcp-v17n1-art514

El problema de investigación jurídica: claves metodológicas para una formulación pertinente
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subject: Editorial
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creator: Isnel Martinez Montenegro
rights: Copyright (c) 2025 Isnel Martinez Montenegro https://creativecommons.org/licenses/by-nc/4.0
date: 2025-06-11
publication date: 2025-06-11
starting page: 1
ending page: 7
doi: 10.7770/rchdcp-v16n1-art503

Hydro-territorial Rights and Indigenous Communities: Resistance and Adaptation amidst the Hydro-energetic project of Misicuni, Bolivia
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description: Using a theoretical-analytical model of "rights packages," this article analyzes the impacts of the construction of a State hydroelectric dam in Bolivia on the livelihoods and rights of indigenous communities, particularly in relation to land and water. Hydro-territorial rights are defined as the norms and practices that regulate access to and use of water and land, interconnected with historical struggles and livelihoods. Despite advancements in ethnic-territorial rights established in the 2009 Constitution, extractivism has grown, affecting these communities negatively. The Multiple Misicuni Project (PMM), inaugurated in 2017, aims to provide water and energy for all, but raises contradictions regarding the rights of Quechua communities. Although presented as a sustainable solution, its implementation has generated tensions with the hydro-territorial rights of these populations. The central research question is: What are the dilemmas and challenges surrounding hydro-territorial rights and the livelihoods of the Quechua communities of Misicuni? The study focuses on the dynamics of resistance and adaptation of the communities in response to the impacts of the PMM, using observations and interviews to map the conflicts surrounding their hydro-territorial rights, mainly considering perspectives from the Quechua communities. The conclusions highlight the importance of addressing these rights holistically, recognizing the complex interrelations between water and land.
subject: Research Articles
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creator: Rickard Lalander
creator: Alfedo Durán
creator: J. Fernando Galindo
rights: Copyright (c) 2025 Rickard Lalander, Alfedo Durán, J. Fernando Galindo https://creativecommons.org/licenses/by-nc/4.0
date: 2025-06-17
publication date: 2025-06-17
starting page: 1
ending page: 42
doi: 10.7770/rchdcp-v16n1-art452

Legal regime applicable to the leasing of units in multifamily buildings
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description: This work seeks to establish the legal framework applicable to the relationship between the building owner and the tenants of the units within it, as well as the way in which various legal provisions interact. This, in turn, will shed light on the remedies available to this type of tenant. To that end, the research first describes the legal figure (1.), highlighting, on the one hand, its essential characteristics (1.1), and on the other, the distinctive features of the lease agreement (1.2). Secondly, the applicable legal regulations are analyzed (2.). In this regard, the Urban Property Lease Law (2.1), the Consumer Protection Law (2.2), and the General Law on Urban Development and Construction (2.3) are examined. It is concluded that there exists a consumer relationship between the owner of a multifamily building and the tenants of its units, making the Consumer Protection Law applicable in all matters not directly related to the lease agreement itself—particularly in relation to abusive clauses, misleading advertising, and the quality and safety of ancillary services. Likewise, in cases of damage resulting from construction flaws or defects, the General Law on Urban Development and Construction is applicable.
subject: Research Articles
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creator: Maracena Díaz de Valdés
rights: Copyright (c) 2025 Maracena Díaz de Valdés https://creativecommons.org/licenses/by-nc/4.0
date: 2025-09-01
publication date: 2025-09-01
starting page: 1
ending page: 35
doi: 10.7770/rchdcp-v16n1-art485

Structural Factors and Contextual Dynamics in Presidential Approval in Latin America: A Multilevel Analysis
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description: This study investigates how economic, political, and social factors shape presidential approval ratings in six Latin American democracies (Argentina, Brazil, Ecuador, Guatemala, Honduras, and Venezuela) from 1987 to 2018. We estimate OLS models, fixed and random effects panel data models, and a multilevel model with country-specific intercepts. The results show that social mobilization and presidential scandals substantially and consistently reduce approval ratings. Among economic variables, unemployment has a robust negative effect, while growth and inflation do not exhibit systematic associations. At the institutional level, a higher percentage of ruling party seats is counterintuitively associated with lower approval ratings, while respect for the Constitution and the legitimacy of leadership act as positive buffers. The multilevel model reveals differences between countries, with Ecuador consistently at the top and Venezuela at the bottom. Overall, the evidence suggests that presidential approval ratings in the region respond primarily to political and social shocks and the perceived quality of leadership, rather than to aggregate macroeconomic developments.
subject: Research Articles
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creator: Jaquelin Morillo
creator: Tito Olavarría Azocar
creator: José Miguel Cabezas Navarro
rights: Copyright (c) 2025 Jaquelin Morillo, Tito Olavarría Azocar, José Miguel Cabezas Navarro https://creativecommons.org/licenses/by-nc/4.0
date: 2025-10-02
publication date: 2025-10-02
starting page: 1
ending page: 24
doi: 10.7770/rchdcp-v16n1-art439

Environmental Security and International Cooperation: The Case of the Colombian National Navy
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description: This article analyzes the role of the Colombian National Navy (ARC) in environmental security, with particular attention to how international cooperation strengthens its operational capabilities and can catalyze a shift toward integrated and multisectoral governance. Based on an exploratory qualitative comparative study using secondary data and triangulation of information from official statistics, institutional reports, press releases, relevant regulations, and academic literature, three representative cases in different regions are examined: the Amazon (Operation BRACOLPER), the Caribbean (Seaflower Biosphere Reserve), and the Pacific (the fight against illegal fishing). These cases, selected according to criteria of geographic and ecological representativeness, diversity of threats, and modalities of international cooperation, provide solid evidence that international collaboration significantly enhances the ARC’s ability to mitigate transnational environmental threats by providing critical resources, intelligence, and joint operational frameworks. Regarding its impact on institutional adaptation toward comprehensive governance models, the results are more ambivalent and depend on the structure of cooperation and its explicit intention to integrate civilian and community actors. It is concluded that, while international cooperation is vital for operational success, it must be strategically designed to facilitate a broader transition from militarized responses to a sustainable and comprehensive model of environmental governance.
subject: Research Articles
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creator: Ximena Andrea Cujabante-Villamil
creator: Andres Eduardo Fernandez-Osorio
creator: William Alfredo Sierra-Gutiérrez
rights: Copyright (c) 2025 Ximena Andrea Cujabante-Villamil, Andres Eduardo Fernandez-Osorio, William Alfredo Sierra-Gutiérrez https://creativecommons.org/licenses/by-nc/4.0
date: 2025-09-01
publication date: 2025-09-01
starting page: 1
ending page: 37
doi: 10.7770/rchdcp-v16n1-art481

Comparative Regional Integration: Reflections on Theories and Concepts
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description: Regionalism has gained prominence since the 1990s as a response to growing globalization and the stagnation of the multilateral system. While this phenomenon generated significant academic interest, classical theories of European integration struggled to explain cases beyond their region of origin. Consequently, new theoretical perspectives emerged, expanding analytical boundaries and making concepts more flexible—recognizing the diversity of regionalism cases but facing limitations when attempting to generalize. In response, a comparative perspective has been consolidated, seeking to balance traditional theories of European integration with more recent approaches from the new regionalism, while preserving the analytical rigor required for meaningful comparison. This article reviews recent advances in the literature on comparative regionalism and proposes an analytical framework to explain “deviant” cases of integration. To this end, it introduces the concept of regionalism and differentiates between concertation, cooperation, and regional integration organizations, specifying the structure of the concept and identifying its main attributes and dimensions. Through a critical assessment of concepts and theories, it formulates a conceptual and theoretical proposal that integrates diverse perspectives and outlines new avenues for research in the field of comparative regional integration.
subject: Research Articles
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creator: Federico Rojas de Galarreta
rights: Copyright (c) 2025 Federico Rojas de Galarreta https://creativecommons.org/licenses/by-nc/4.0
date: 2025-11-12
publication date: 2025-11-12
starting page: 1
ending page: 30
doi: 10.7770/rchdcp-v16n1-art449

The Chilean anti-terrorism law: Critical analysis in light of security
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description: The objective of this paper is to critically analyze the Chilean Anti-Terrorism Law in light of contemporary security challenges, identifying its advances, limitations, and risks. Although the reforms enacted in 2024 represent progress, ambiguities persist in the definition of terrorism, as does a predominantly reactive rather than preventive approach, and there remains a lack of clarity regarding the roles of the armed forces and law-enforcement agencies. Likewise, the law does not sufficiently address the political and cultural motivations of terrorism, nor does it establish effective tools to prevent and combat this threat in a comprehensive manner. Its alignment with international norms is also open to question, and the imprecision present may limit its effectiveness and jeopardize fundamental rights. In conclusion, the analysis underscores the need for a robust legal architecture to safeguard the country against terrorism.
subject: Research Articles
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creator: Eduardo Hodge Dupré
rights: Copyright (c) 2025 Eduardo Hodge Dupré https://creativecommons.org/licenses/by-nc/4.0
date: 2025-08-27
publication date: 2025-08-27
starting page: 1
ending page: 20
doi: 10.7770/rchdcp-v16n1-art469

War and Punishment According to Two 19th Century American Jurists
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description: This article reflects on the relationship between punitive power, politics, and war, arguing that, like homicide, mass war is a crime that cannot be justified under the principle of self-defense. Furthermore, it critically analyzes how, despite his efforts, Alberdi's thinking fails to reconcile his critique of war with the justification of punishment, as both affect innocent individuals. On the other hand, Barreto, outside the academic sphere, argues that neither punishment nor war can be justified as defenses, but rather are acts of political power. Both thinkers reveal the inherent contradiction in legitimizing punitive power, an issue that remains relevant in the contemporary debate on criminal law.
subject: Perspectives
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creator: Eugenio Raúl Zaffaroni
rights: Copyright (c) 2025 Eugenio Raúl Zaffaroni https://creativecommons.org/licenses/by-nc/4.0
date: 2025-04-22
publication date: 2025-04-22
starting page: 1
ending page: 15
doi: 10.7770/rchdcp-v16n1-art468

Total peace. Does crime really pay? Perceptions of Conflict and Negotiation in Colombia
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description: This work includes an investigation into the armed conflict and the Total Peace policy. The empirical research was carried out with the help of a statistically representative survey of the population of Bogotá. Quantitative, historical, analytical and dialectical methods were applied. It was found that, in general terms, the Total Peace policy is not approved by the population, whose perception on many occasions agrees with reality, on others it is the result of biases or the use of internalized recipes. The balance of the Total Peace policy is not promising, despite good intentions, it lacks progress, it has been permissive with illegal armed actors, it has structuring errors and, in its shadow, the spiral of violence increased.
subject: Research Articles
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creator: Germán Silva-García
creator: Bernardo Pérez-Salazar
creator: Pablo Elías González-Monguí
rights: Copyright (c) 2025 Germán Silva-García, Bernardo Pérez-Salazar, Pablo Elías González-Monguí https://creativecommons.org/licenses/by-nc/4.0
date: 2025-04-01
publication date: 2025-04-01
starting page: 1
ending page: 24
doi: 10.7770/rchdcp-v16n1-art467

The Citizens’ Perceptions of Corruption in Chile, 2020–2024: An Analysis of the “Anti-Corruption Citizen Consultation”
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description: Using evidence from oversight agencies, this article analyzes the determinants of public perception of corruption in Chile based on three waves (2020-2024; N=30,561) of the Contraloría General de la República's “Consulta Ciudadana” (Citizen Survey). Addressing the documented gap between high overall corruption perception (72% in 2024) and low direct victimization (21% in 2024), binary logit models offer findings consistent with the international literature. In line with the theoretical discussion, women show a significantly greater propensity to perceive corruption. Conversely, and in line with the lit-erature reviewed, a higher level of education (university and postgraduate) re-duces it. The study distinguishes the effect of experience, demonstrating that direct victimization (being a victim) has a greater impact on perception than witnessing (being a witness). Despite the latter, it is concluded that perception in Chile is also shaped by media exposure to scandals and sociodemographic factors, even more so than by personal empirical experience (victimization and witnessing).
subject: Research Articles
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creator: Bernardo Navarrete
rights: Copyright (c) 2026 Bernardo Navarrete https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-09
publication date: 2026-01-09
starting page: 1
ending page: 37
doi: 10.7770/rchdcp-v17n1-art463

Intraparty democracy in Latin America: What do the party statutes say in presidential systems?
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description: This research aims to determine the level of internal democracy in Latin American political parties, based on the framework developed by Von dem Berge and Poguntke of 2017. It seeks to answer how parties are organized under two democratic forms: assembly-based and plebiscitary. The study applies an analytical model originally designed for the analysis of political parties in parliamentary systems, contrasting it within presidential contexts. The article, descriptive and comparative in nature, employs mixed methods, highlighting the analysis of official party documents and the construction of indices. The results show that Latin American political parties exhibit higher levels in their plebiscitary dimension. Likewise, the study finds that multiparty and institutionalized systems display greater levels of internal democracy compared to atomized and non-institutionalized ones. Finally, it acknowledges that the typologies generated for parliamentary democracies are relevant and replicable in Latin American presidential systems.
subject: Research Articles
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creator: Aldo Adrián Martínez Hernández
creator: Francisco Olucha Sánchez
creator: Nicolás Miranda Olivares
rights: Copyright (c) 2025 Aldo Adrián Martínez Hernández, Francisco Olucha Sánchez, Nicolás Miranda Olivares https://creativecommons.org/licenses/by-nc/4.0
date: 2025-09-23
publication date: 2025-09-23
starting page: 1
ending page: 40
doi: 10.7770/rchdcp-v16n1-art433