Latin American Legal Studies

Teleworking as an instrument for balance of personal and family life: problems in its implementation

Pamela Martinez — Wed, 31 Dec 2025 00:00:00 +0000

This paper addresses the feasibility of teleworking as a work-life balance tool and its implementation challenges, given that the regulations make a generic reference without distinguishing between the various modalities or typologies and without noting the various ways of combining it. It is concluded that for teleworking to be a work-life balance tool, it will require certain requirements (home-based teleworking, offline, with flexibility and time control by the worker) that Chilean legislation does not fully address.

The selection of cases by the Public Prosecutor’s Office in Chile

Carlos Correa Robles, Javier Wilenmann, Francisco Medina — Wed, 31 Dec 2025 00:00:00 +0000

This paper aims to study the effectiveness of the legality principle in the Chilean system. To this end, it recreates the different models used by the four Regional Prosecutor’s Offices in the Metropolitan Region to select and filter cases. In this regard, the paper analyzes how the Public Prosecutor’s Office works at three different levels or categories when selecting cases that are likely to be investigated: arrest for in flagrante delicto, type of crime, and pre-classification. The paper shows how the criteria of efficiency and prosecutorial effectiveness by the Public Prosecutor’s Office is applied and, in the end, influences the future of a case.

Indigenous Peoples and Truth Commissions: Analysis of the Canadian, Colombian, Norwegian and Australian experiences

Salvador Millaleo, Hugo Rojas Corral, Miriam Shaftoe — Wed, 31 Dec 2025 00:00:00 +0000

This article, through case studies, analyses the experiences of Truth Commissions (TC) in Canada, Colombia, Norway and Australia (Victoria), which have addressed violations of the rights of indigenous peoples and the measures in which these can be redressed. The review of this comparative experience expresses to what extent transitional justice (TJ) mechanisms have been implemented to address injustices of a structural nature, with a long historical continuity and which require profound transformations to overcome them. The transformative nature of transitional justice with regard to indigenous peoples is a feature of a recent and expanding worldwide practice. The practices of so-called indigenous transitional justice indicate that the possibilities for transformation have been associated with the leading role of indigenous peoples in the design and participation in the methodologies and ways of working of the Truth Commissions, as well as the incorporation of the values, normative systems and epistemic perspectives of these peoples when determining the damages and reparations proposed in the recommendations of transitional justice and their implementation.

Urban Wetlands and Transitional Relief

Jaime Phillips Letelier — Wed, 31 Dec 2025 00:00:00 +0000

This article addresses the changes implemented by Law 21.202 that protected urban wetlands in Chile. It shows that the increasing litigation around urban wetlands was produced by the lack of proper transitional relief. Through the lens of the Chilean Transitional Law, the shortcomings present in Law 21.202 and its implementation are highlighted. It makes a lege lata proposal to reconcile the protection of urban wetlands with pre-existing activities, and another lege ferenda proposal is made to address future similar legal reforms.

The Burden of Proof as a Basis for Fact-Finding and Confidentiality Management in Civil Procedure

Thomas Franz Vogt Geisse — Wed, 31 Dec 2025 00:00:00 +0000

In the Spanish-speaking legal community, influential voices have called for the eradication
of the burden of proof. This article aims to expose the blind spots of that position and
demonstrate the indispensable role that this concept plays in contemporary civil
proceedings. It will show that the burden of proof is essential for ensuring legitimate judicial decisions in contexts of factual uncertainty (objective burden of proof) and for
safeguarding the parties’ private autonomy within the framework of procedural fact-finding
(subjective burden of proof). Furthermore, the article will explain the importance of the
burden of proof in its relationship with procedural duties and its role in resolving
confidentiality issues, particularly when the public nature of civil proceedings poses a risk
to legitimate confidentiality interests.