Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

Based on the amendments introduced by Law 21,719 to Law 19,628, this article examines the fundamental right to the protection of personal data, with particular emphasis on its impact and implications for companies within labor relations. It analyzes the guiding principles of data processing, the rights of data subjects (access, rectification, objection, and erasure), and the creation of the Personal Data Protection Agency as a new regulatory body with which employers must interact. In the labor context, the article explores the employer’s obligations as a data controller and addresses the main safeguards available to workers in the event of violations of this right, both in administrative and judicial forums. The article concludes by highlighting the challenges this new regulation poses for organizations in terms of compliance, prevention, and the development of a workplace culture that respects the privacy and dignity of workers in the digital age.

The absence of a general framework regulating administrative sanctions in Chilean law has compelled courts to interpret and oversee the punitive activity of the State Administration by resorting to fundamental principles, such as legality. This article analyzes the Chilean Supreme Court’s decision of Case 19.118-2018, from October 8, 2019, which resolved a claim of illegality filed against a public health fine, reaffirming the principle of legality as a limit to administrative discretion. Through this case, the study additionally examines how courts delineate their competencies in reviewing administrative acts and how principles such as proportionality, non bis in idem, and cumulative offenses influence this judicial oversight. Hence, this article reflects on the challenges posed by the lack of a comprehensive regulatory framework for administrative sanctions, proposing the need to develop a system that balances the punitive efficiency of the Administration with the protection of fundamental rights and the guarantees inherent to the rule of law.

In recent years, the Chilean Supreme Court has issued a series of decisions declaring inadmissible the appeals in cassation filed against declarations of lack of jurisdiction issued by the Courts of Appeals. The Chilean Supreme Court has considered that rulings on lack of jurisdiction do not qualify as interlocutory decisions that have the effect of concluding the proceedings or making their continuation impossible. The purpose of this work is to review these decisions, their rationale, and analyze how they could impact other legal institutions.

On May 15, 2025, in a joint organization of the LLM UC with the Department of Criminal Law of the Faculty of Law of the Pontificia Universidad Católica de Chile, a seminar was held in tribute to Prof. Dr. Dr. h. C. mult. Claus Roxin, who passed away on February 18 of this year in his native Hamburg. The seminar was entitled “A Before and After: The Work of Claus Roxin,” with the aim of highlighting the profound and undisputed influence that Professor Roxin's thinking has had on continental European criminal law from his famous chair of Criminal Law and Criminal Procedure at the University of Munich. Below is a transcript of the seminar and the discussion that took place after the presentations by Professors Bacuñán, Hernández, van Weezel, and Piña, who kindly made the written versions of their lectures available to the Revista de Derecho Aplicado.

This essay approaches the conflict between the presumption of innocence and public judgment on mass media, a growing problem in the digital era. The presumption of innocence is a fundamental right that protects defendants, making sure they are not regarded as “guilty,” not until showing their responsibility in a fair court proceeding. However, intense media coverage, particularly in those high-profile cases, might undermine this principle by influencing public opinion, causing prejudice in the defendant’s actual responsibility. Some recent high-exposure Chilean cases are examined to illustrate the infringement of fundamental rights and the intrusion in the privacy of said participants. Besides, the media’s ethical response and the pronouncement of Chilean courts in a particular high-profile case are analyzed, as well as a more strict regulation is proposed, inspired by international practice, as such of the United Kingdom, France, and Italy, to protect the integrity of the proceedings. The essay’s conclusion suggests setting up a more effective regulation and an educational approach on journalism degrees as a way to balance freedom of speech with the respect to constitutional guarantees, ensuring truthful coverage and avoiding social lynching.

In late 2019 and early 2020, the existence of Covid-19 was made public, and was later declared a pandemic in March 2020. Due to its highly contagious nature, several countries adopted health measures to deal with the disease from the beginning of 2020, causing a lockdown that affected various areas of the global economy. Considering these facts, the question has been raised whether the government or private individuals should bear the risks resulting from the measures taken to deal with Covid-19. Given the breadth of the subject, this paper focuses on public works concession contracts under Chilean law. To this end, the risks of the public works concession contract and how they are distributed will be analyzed, to conclude with the effects produced by Covid-19, i.e., what risks were verified in these cases and whom should bear them.

This paper analyzes the appeal for annulment and the power it grants to the litigant to question the labor judgment both from the factual and legal point of view, guaranteeing him an adequate exercise of the right to appeal, establishing itself as a challenge mechanism that allows a more objective review of the judgments than its predecessor, and at the same time has a positive impact on the quality of the product of the labor judiciary, benefiting those who come before it for the solution of their conflicts and the judicial system itself by giving it a greater degree of legitimacy.

The organic structure of the State has been designed to achieve a balance of checks and balances and thus limit power. However, the institutional architecture is far from perfect, and therefore, some public agents find ways to concentrate power and inhibit any control through bureaucratic agreements to capture or co-opt some State bodies, especially those that perform disciplinary, fiscal or criminal control. This article argues that, through a descriptive analysis of the Colombian institutional design, public power is concentrated and guarantees the absence of control that allows “political houses” and even organized armed groups to co-opt institutions and appropriate public revenues.

An edited version of the conversation held by some members of the editorial committee of the journal with former Supreme Court Minister Lamberto Cisternas and academic researcher Jaime Phillips is presented. The conversation took place on May 16, 2023, at the Magister LLM UC premises.

ALICIA LAZZARONI & ANTONIO BERNACCHI The Problem Space We Cohabit: Inter-Methodological Approaches for More-Than-Human Design A shift to an ecological and critical perspective in design calls for a profound methodological restructuring of its disciplines, towards a condition of methodological hybridity and contamination. We propose the notion of ‘exploration space’ to identify a heterogeneous landscape of interacting design process, while making reference to the concepts of ‘inter-disciplinary research’ and ‘problem space’ discussed by Celia Lury. As an example, a series of design explorations delving into more-than-human coexistence, developed by the authors, are recalled to map out and diagram methodological feedback loops.   ENRIQUE ESPINOSA PÉREZ Domestic Mediations: Tricks, Hacks, Memes, and Mattress Exchanges as Minor Architectures This multimodal article reflects on the insufficient consideration of (architectural) design as an ‘object-centered discipline’. Through the case of a small apartment renovation, it examines how the analysis of the triad―client (owner), designer (architect), and project (design)―fails to effectively describe the ecosystemic relationships that occur in a (domestic) codesign process, proposing that design is mediation and intra-action. The study, therefore, brings together agents (regulations, hacks, agreements, and agents); resources (affections, desires, frustrations, communication channels, economic precariousness, etc.); and actions (agreements, exchanges, self-constructions, doubts, and decisions) that go beyond the client-technician or problem-solution relationships.   LYDIA MARIA ARANTES & MICHELE FEDER-NADOFF Making Things, Making Sense: Reflecting on the silence in-between Structures and Anti-Structures of Education This zine-like article presents and enacts a reflection upon a three-session panel the authors convened at the recent Royal Anthropological Institute conference on Anthropology and Education. Their reflection coalesces through a more casual conversation, capturing their exchange and collaboration process. The authors contrast their Antistructure approach to education with the Structure approach. In the panel, they challenged the framework of a formal conference by focusing on silence in education, and concluded their panel with an embroidery lab designed to be both experiential and experimental. This article shares what the authors learned by moving away from the conventional approach to learners as vessels to be filled. Instead, their panel was designed to explore making-knowledge with others in a manner that is improvisatory, non-authoritative, and open to the silence of gestures and quiet exchange.