The Court of Appeal of Antofagasta rejected the application for protection by the Democracia Viva Foundation against the resolutions of the Regional Ministerial Secretariat of Housing and Urban Planning of Antofagasta, which terminated the agreements signed between the two institutions.
The resolution reiterates that the matter subject to this precautionary measure goes beyond the limits and objectives of the proposed measure, since it seeks to clarify whether the contested exemption decisions have applied, in accordance with the law, the sanction that is, unilaterally and … the early termination of the agreements signed by the parties, for the purposes of which this procedure is not ideal, making it clear that there is no undisputed right to be protected by the decision of this court, since a decision in this sense is necessary to gain access to what is requested.
Since the existence of an indisputable right has not been proven and no unlawful and arbitrary act has been proven, the appeal must be dismissed.
The judgment points out that it should be borne in mind that in the specific case the authority acted within its powers, since the agreement itself authorizes it for this purpose even without prior procedure, a power which is justified given the manner in which it was carried out of the signing. the act that is not carried out in accordance with the procedures established by Law 19.886 and therefore this is not applicable to them, being clear that the public act can in any case be reviewed through the general administrative and judicial channels, such as: already indicated, so that the complainant was by no means left without protection.
