State responsibility for the conducts of the public ministry

Abstract

The Chilean State is responsible for unjustifiably or arbitrary erroneous conducts of the Public Ministry. This recognition is contained in the article 5 of the Constitutional Organic Law from the same ministry. Created as an autonomous entity, can compromise the patrimonial responsibility of the State for serious misconducts in the exercise of its powers, not covered by the article 19.7. i) of the Political Constitution, which also obliges the State to respond for the unjustifiably erroneous or arbitrary resolutions of the judges. Despite being inspired by that rule in the drafting of constitutional provision, it’s applicable in the scope of action of an entity that by express mandate of the Fundamental Law, cannot exercise jurisdictional functions. Although the application of this norm of responsibility has not been very frequent, it has expanded the spectrum situations in which the State is obliged to respond due to the impact on the rights of people who have suffered damage to their heritage that they are not obliged to bear.