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The Public Law Journal of the Universidad de Chile invites national and foreign authors to participate in the next issue of the Journal, corresponding to the second semester of 2024.

Articles must conform to the editorial guidelines, which can be found at: https://revistaderechopublico.uchile.cl/index.php/RDPU/about/submissions

The papers are subjected to a blind peer review process.

 

The patrimonial responsibility of the State administration and its necessary legal modeling based on the enumeration and conceptual delimitation of its budgets

Authors

  • Cristián A. Román Cordero Ayudante de Derecho Administrativo Universidad de Chile

Abstract

When studying several jurisprudential cases on RPA with similar or identical factual circumstances, or the evolution of the same cause in the different procedural instances, we verify that the sentences resolve in a different way and even on many occasions in an absolutely contradictory way, and when they do not differ in the resolution, the grounds to which they resort are substantially different, and to that extent difficult to formalize in arguments of legal technique. This "jurisprudential anarchy" reaches such a level that not even the CS, court of cassation, and to that extent called to unify the different jurisprudential criteria of the lower courts, has and maintains its own jurisprudential criteria in this matter.

Keywords:

Patrimonial responsibility, State Administration, Jurisprudence