Latin American Legal Studies

Expedited removal of foreign persons in Chile: An analysis of its application

Mon, 30 Jun 2025 00:00:00 +0000

Expedited removal is a legal figure in force in Chile since 2022, enabling the immediate return of foreigners caught entering the country by circumventing immigration controls or under an enforceable order of expulsion, abandonment, or entry ban. This article, based on statistical analysis, shows that by January 2024, over ten thousand removals had been executed, mostly involving Bolivian nationals, with a focus on certain nationalities predominantly in the northern region of the country. A high rate of refusal by Bolivia is also observed, particularly in cases involving Venezuelan nationals, who account for the most reports of unauthorized border crossings. Consequently, it is concluded that this measure fails to prevent irregular entries and, instead, exacerbates the precariousness of migratory journeys.

The Intervention of Third Parties Co-Owners of Collective and Diffuse Actions

Juan Ignacio Contardo González, Jaime Carrasco Poblete — Mon, 30 Jun 2025 00:00:00 +0000

This research seeks to reflect on the intervention of third parties who are co-owners of the collective or diffuse action in the field of consumption and to establish according to procedural dogmatics what is the way in which they should appear in a pending process. To this end, the active legitimation of the subjects who can exercise actions of collective and diffuse interest in the field of consumption is analysed, the traditional forms of third-party intervention that case law has applied to the third party co-owner of these actions are objected, it is postulated that the correct figure is that of the co-litigant adhesive third party and the main characteristics of this type of intervention are indicated.

Surrogacy: An analysis based on the notions of autonomy, exploitation and objectification

Pablo Aguayo Westwood, Mistral Ensignia Fries — Mon, 30 Jun 2025 00:00:00 +0000

This article argues that debates surrounding surrogacy can be organized around three notions: autonomy, exploitation, and the objectification of women. These are three topics that are frequently present in feminist debates about the forms and expressions of women’s subordination and inequality in relation to men, particularly in the areas of sexuality and reproduction. It argues that the analysis of each of these concepts allows for two questions: first, to identify and recognize the various conceptions that each of these notions has, and second, how, from each understanding, it is possible to construct arguments that support a position taken in the debate over the legality and morality of surrogacy. The paper emphasizes the importance of moral discussion on the topic, especially because advocating for a particular understanding of these notions reveals a particular way of conceiving the power relations that impact the legal regulation of this practice.

The Judicial Perspective in the Assessment of Testimonial Evidence

María de los Ángeles González Coulon — Mon, 30 Jun 2025 00:00:00 +0000

The present study seeks to approach how judicial practice values testimonial evidence. In this regard, through semi-structured interviews conducted within the framework of a Project Initiation Project, we sought to determine the relevance attributed to this means of evidence when deciding a case and what criteria are used to assess testimonies. The methodological work also allowed us to verify certain assertions stemming from how legislation and doctrine treat this type of information as evidence, often in a subsidiary manner, which analysis is focused on the person testifying. Thus, it was possible to appreciate the way in which this centralism is used, the general distrust in this means of proof and how the expectations that are held in it are not really fulfilled.