With the assistance of President Boric and several ministers of State, the president of the Constitutional Court (TC), Nancy Yáñez, delivered the 2023 public account. A management that was marked by the normalization of the functioning of the Plenary, with the integration of new ministers ( For a year and a half the TC met with the substitute ministers in the absence of the appointment of magistrates in the vacant positions). In addition, the president highlighted the citizen decision expressed in the plebiscite of December 17, 2023, which she chose to maintain the Court.
“In this scenario and in accordance with the principles that guide Open Justice, as constitutional judges, we commit to citizens to guarantee the supremacy of the fundamental values and principles that structure the Constitution, in a way that allows, through the constitutional hermeneutics, the adaptation of the declarations it contains to the current reality of our country and its needs,” he noted.
He added that the emphasis in 2023 was placed on bringing constitutional justice closer to citizens, especially to the regions. “In this context, an important milestone has been the consolidation of the electronic processing system and the measures adopted to prevent its vulnerability.”
Although the comparison of this court with the rest of the courts and tribunals in the country is not applicable, its efficiency index stands out. During 2023, the Court had 150 plenary sessions, of which 140 corresponded to ordinary sessions and 10 to extraordinary sessions. Regarding jurisdictional matters, during the year 2023, a total of 1,547 constitutional processesof which 386 corresponded to processes pending in 2022. finished processes in 2023 they were 1,161, which represents 75% of the total joined.
Inapplicability and Human Rights
Of all the causes entered, 1.103 were from inapplicability due to unconstitutionality (INA), which constitutes 96% of the total matters entered for the TC’s knowledge.
Special mention must be made of the inapplicability requirements that affect human rights investigations. These are grouped into: Processes for violation of human rights that took place between September 11, 1973 and March 10, 1990, related to the death and disappearance of people. 9 requests for inapplicability were filed that affect pending procedures on causes qualified in accordance with this criterion; 7 were declared inadmissible; and 2 were not admitted for processing.
And proceedings for illegitimate coercion or other cruel, inhuman or degrading treatment, which do not amount to constituting torture (article 150 D, first paragraph, of the Penal Code). 3 requests for inapplicability were filed, where the aforementioned precept and the classification of the illicit established therein were challenged: 1 was rejected on the merits and 2 were not admitted for processing.
Nancy Yáñez highlighted the work of the TC: “Our jurisdictional task commits us to a judiciary at the service of the dignity of people, the protection of fundamental rights and the safeguarding of the principle of separation of powers that shapes our institutional design, to which We owe ourselves caution as the Constitutional Court.”