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ARTICLE 19 .- The Constitution guarantees EVERYONE:
8 .- THE RIGHT TO LIVE IN A POLLUTION-FREE ENVIRONMENT.
STATE DUTY IS TO ENSURE THAT THIS LAW IS NOT AFFECTED AND SAFEGUARDING THE PRESERVATION OF NATURE.
The law may establish specific restrictions on the exercise of certain rights or freedoms TO PROTECT THE ENVIRONMENT
ARTICLE 20 PARAGRAPH TWO: PROCEED, ALSO, THE USE OF PROTECTION IN THE EVENT OF N ° 8 of Article 19, WHEN THE RIGHT TO LIVE IN AN ENVIRONMENT FREE OF CONTAMINATION IS AFFECTED BY AN ILLEGAL ACT OR OMISSION attributable to an authority or individual.

For the first time enshrined in the C. The law 19 300 "APPROVES LAW ON GENERAL ENVIRONMENTAL CONDITIONS" DO 09/03/1994 complementary. The environment is all around us and that allows the development of life, refers to the earth, its waters, the atmosphere.

Law 19,300 defines the environment in its Article 2 letter ll:

"ENVIRONMENT: IS THE GLOBAL SYSTEM MADE UP OF ELEMENTS NATURAL AND ARTIFICIAL NATURE OF PHYSICAL, CHEMICAL OR BIOLOGICAL, CULTURAL AND ITS INTERACTIONS IN PERMANENT CHANGE BY HUMAN ACTION OR NATURAL AND GOVERNING AND CONDITIONS OF EXISTENCE AND DEVELOPMENT OF LIFE in its various manifestations "
The same Law 19,300 defines pollution in Article 2 letter c:

" POLLUTION: THE PRESENCE IN THE ENVIRONMENT OF SUBSTANCE, ELEMENTS, ENERGY OR COMBINATION OF THEM, IN MERGER OR STAY HIGHER OR LOWER, AS APPLICABLE TO THOSE REQUIRED IN THE LAW "

DUTIES ENVIRONMENTAL OF E º:

Article 19 No 8 in C provides two duties environmental for the E º:

• THAT THE LAW IS NOT AFFECTED: under this obligation, the E º should be prevented, that is, do they violate the law, the preventive actions that the E º must take to comply with This should relate to the precautionary principle (principle used in international matters)

• promote the conservation of nature: nature is taking care that its resources are not exhausted, destroyed or impaired.

The duties of the E º materialize through the environmental management instruments, among which are:

• Environmental impact assessment
• Issuance of environmental quality standards
• emission standards pollutants
• Performance management plans, prevention or decontamination

There is a principle of responsibility of the polluter-pays (eg Bonds issue), but there is a more philosophical answer today about the consequences of tomorrow (see Hans Jonas )

The legislature is empowered to restrict certain rights such as property, economic freedom, freedom of movement, hence, is guilty of vehicular restriction because it is given by decree and the C says law.

this right is protected by a writ of protection of Article 20 item 2. In the original C of three conditions required copula:

• That was an act
• That they were an unlawful or arbitrary
• That is attributable to an authority or individual

The requirement of all these requirements made it difficult constitutional actions that stood to be successful. After the reform introduced by Law 20,080 of 2005, the use of protection is broader and less demanding. The appeal must be whether the right is affected by an unlawful act or omission attributable to authority or person, illegal or arbitrary (illegal is against the law, the arbitrariness is baseless).

ARTICLE 19 .- The Constitution guarantees EVERYONE:
13 .- "The right to assemble peacefully without prior permission and without arms.
MEETINGS IN PLACES, STREETS AND OTHER PUBLIC PLACES OF USE ARE SUBJECT TO THE GENERAL PROVISIONS OF POLICE "

The right of assembly is related to other rights and values \u200b\u200bthat are essential and necessary in a democratic system and through which civil society participates in public affairs, for example, the right of petition, freedom of expression, freedom of association is related to values \u200b\u200band principles such as pluralism, participation, control of government actions, etc. For example, when an unknown number of people who share a common purpose or interests voluntarily decide to express them, make them public or events jointly exercised not only the right of assembly, but also freedom of expression, whereas other rights , freedoms and legal interests, the relationship with the right of assembly is not so harmonious, like property rights, freedom of movement, right to privacy, public order, etc. In the event of an impact if it does not resolve the C or the law, be determined in each case the that takes precedence or adopt measures to exercise and harmonious whole.


The constitutional provision distinguishes peaceful and unarmed meetings and meetings in public places. This distinction matters in determining the regulation must adhere to, those which are in private premises do not require permission, the limitation is to be peaceful and unarmed, the public spaces require a notice, may eventually not authorized by the authority or may prohibit them on certain streets and places, if notice has been omitted and no authorization may be dissolved by law enforcement and public safety.


The meeting this right is protected by the public meeting, a group of people who recognize each other some kind of reciprocal relationship or common interest or have held in places open to public use, streets or squares. This may relate to the group of persons belonging to more or less formal organizations or those who come voluntarily to a call, with the resulting union only accidental or temporary. These meetings require adjustment so that they can take timely measures to enable the speedy access to their homes and jobs to non-participants and to take measures to avoid the excesses and abuses, protect people and property public and private.


Article 19 No 13 to refer to this law refers to its regulation to the general police regulations, which constitutes an exception to the legal reserve, since it is the only case in which the regulation of a right is given to a rule under which the legal hierarchy contained in the DS 1086 September 16, 1983. In this part of the C does not agree with the system for the protection of human rights:

• Pact of San Jose, Costa Rica, art. 30

• International Covenant on economic, social and cultural, art. 4 º.

This transfer from C to police standards is an anomaly that could eventually lead to arbitrary regulations, especially considering the very broad terms in which it is intended.

What is meant by general police regulations?

Cea Egaña author distinguishes between three positions:

• Those who think that these rules are not laws and regulations or rules of lower rank because the rights can only be regulated by law

• Those who understand that it comes to rules issued by the President the republic as the DS 1086 to 1983.

• Those who argue that Article 19 No 13 refers to orders issued by the director general of police and the rules that have been issued by a competent police authority in a territory as an area manager.

These discussions do not seem relevant, since what matters is that in practice this right is still governed by a statutory provision. The principle of legal reserve is a guarantee of fundamental rights regulations under which the supplementary regulations can only come from the legislative or at least that should be the general basis excluding it to the executive.

also regulates this right:

• Law art 113 votes and ballots

• Law 19,638 of worship, Article 6 letter e.

ARTICLE 19 .- The Constitution guarantees EVERYONE:
14 .- "THE RIGHT TO REQUEST AUTHORITY ON ANY MATTER OF INTEREST TO PUBLIC OR PRIVATE OTHER WITHOUT LIMITATION THE PROCEEDING IN respectful and appropriate "

is related to the principle of helpfulness of the E º for the human person (art. 1). People have the right to make requests to the authority, whether the representatives of the three branches of E º, without any limitation other than to proceed in a respectful and appropriate. Not include the right to have a favorable response.

This is a right exercised primarily to the administrative authority and this has been delivered to the comptroller says:

"PUBLIC ENTITIES ARE REQUIRED TO RESPOND TO REQUESTS FOR MANAGED A REASONABLE TIME AS THE BASIS OF ADMINISTRATIVE TECHNICAL ACCURACY AND GOOD Should be written "
CGR Opinion No. 12,960.

"EXPOSES THE LIABILITY OF PUBLIC TO ANSWER AS THAT APPLICABLE LAW, be accepted, refused or declared incompetence, IF NECESSARY, BECAUSE GIVING KNOWLEDGE OF THE APPLICANT TO ANSWER, WHAT REASONS FOR ACCURACY AND good management techniques must be in writing. HOWEVER, THE ABOVE INDICATES THAT INDIVIDUALS HAVE COMMITTED ANY ACTS BY LAW IN WHICH THE CLAIM "
CGR Opinion No. 42,096, 2003

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