New allegations in judicial review procedures in the Environmental Judicial Review of Chile
The objective of this paper is to analyze the contours of procedural deviation as a jurisprudential doctrine applied in the Chilean environmental judicial review system, understood as the modification in court of the claims, grounds or defects of illegality raised before, while pursuing administrative remedies. This doctrine places a burden for citizens, who must assert all the defects of the agency’s decision when filing for administrative remedies. To this end, is required to state the importance of its accurate use in environmental matters, regarding the role of the exhaustion of administrative remedies doctrine in complex and highly discretionary issues. This is vital due to the implications that its configuration produces in access to environmental jurisdiction, since once the procedural deviation is verified, a Court must dismiss the case, totally or partially, for want of jurisdiction. For this reason, after an analysis of the state-of-the-art in the national and comparative case law and jurisprudence about the procedural deviation doctrine, and to give reasons about the convenience to keep it within a judicial review system, some cases are proposed in which this doctrine does not apply in the presence of modified arguments, for which a Court must analyze the merits of the case.
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| Format: | Digital revista |
| Language: | spa |
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Centro de Derecho Ambiental, Facultad de Derecho, Universidad de Chile
2021
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| Online Access: | https://revistaderechoambiental.uchile.cl/index.php/RDA/article/view/64848 |
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