The Court of Appeals of Santiago accepted the appeal for protection and ordered the Municipality of Santiago to adopt all necessary measures to manage street commerce on Bascuñán Guerrero Street, in the neighborhood of Meiggs.
The judgment shows that the omissions described constitute a pattern of illegality of the actions of the respondent, which affects the constitutional guarantee contemplated in paragraph 2 of article 19 of the Fundamental Charter, because the appellant received unfair treatment in before the law for the part of the appeal, in relation to established traders, neighbors and residents of other sectors of the community that are not affected by the phenomenon of street commerce.
The constitutional guarantees of No. 21 and No. 24 of the aforementioned article 19 is also affected, because the right to use the legal commercial activity of the appellant, respecting the rules that regulate it, is seriously reduced due to the absence of the respondent, with the consequence that damage to his property rights in the rights granted by the individual commercial patent, which would enable him to operate his commercial establishment without the burden he now has to bear as a result of the illegal dismissal of the respondent.
The decision was adopted with Minister González voting against. The dissident is of the opinion that the Municipality of Santiago has developed and is currently implementing concrete measures to overcome the problems arising from informal commerce in the Meiggs neighborhood of the commune of Santiago, so these actions are framed in a policy that is currently being developed. , does not warn of the existence of a constitutional conflict that must be protected by this extraordinary method of conservation, especially if the actions already adopted by the Municipality in favor of the community and the formal tenants of the sector are considered.
