The Justice & Law Journal is a serial publication that has a continuous periodicity and is submitted to external peer review through the double-blind method. It belongs to the Office of the Vice Chancellor for Research and Doctorates of the Universidad Autónoma de Chile (Autonomous University of Chile) and under the scientific supervision of the Research Institute in Law (IID) of the Faculty of Law. Approach and scope The journal articles published by the Justice and Law Journal will focus on current, Chilean or comparative law (international contributions), and the grow and development of normative, jurisprudential or doctrinal sources in Spanish and English. The Justice and Law Journal aims to build a space for academic and scientific discussion of the legal discipline with an extensive international and multidisciplinary scope. Target Its main objective is the publication of original and unpublished papers and scientific research in all fields of Chilean and comparative law. You use a Non-Commercial Recognition Creative Commons License Attribution 4.0 International (CC BY- 4.0) consistent with our publishers' Open Access statement. The journal Justicia y Derecho does not demand charges for processing articles (APC) or charges for sending articles for any of the editorial processes or publication.
The publication is distributed under the Creative Commons Attribution-4.0 International (CC BY- 4.0) license. The rights to the works published in this journal are the property of the author and are free to distribute and disseminate the same sources as long as you correctly cite the source of publication.
The Dynamic Law and Economics of Housing Affordability
From a legal and economic perspective, the document discusses housing affordability as a key global issue for well-being, economic growth, and political stability. It looks at the misalignment of supply and demand between urban and rural areas as well as the scant legal remedies for price increases. It recommends the implementation of fiscal interventions to redirect demand through teleworking.
Copyright (c) 2026 Andrew T. Hayashi https://creativecommons.org/licenses/by/4.0
The application of Artificial Intelligence to Agriculture. Use of drones and Data Protection.
This article focuses on the application of artificial intelligence in agriculture. It will analyze the use of drones in agriculture and the problems that arise in relation to fundamental rights and personal data.
Copyright (c) 2026 Francisca Ramón Fernández https://creativecommons.org/licenses/by/4.0
The Use of the Judicial System as a Device for Political Persecution Against Young People in Colombia
This article analyzes the criminalization of the student movement in Colombia during the 21st century from the perspective of the judicial system, within the framework of armed conflict and the implementation of transitional justice. From a legal and social perspective, it argues how the misuse of criminal law to construct the internal enemy consolidates a form of violence in a democratic context.
Copyright (c) 2026 Juliana Castellanos Díaz https://creativecommons.org/licenses/by/4.0
The Application of Expiration in Sanctioning Procedures of the State Contracting Court in Peru
This article examines expiration in Peruvian Administrative Sanctioning Proceedings to protect citizens’ rights to legal certainty and predictability in State Contracting Court procedures. Using a qualitative-descriptive methodology, it analyzes the regulatory framework evolution, jurisprudential developments, and interpretive scenarios regarding expiration application in public procurement sanctioning proceedings.
Copyright (c) 2026 Miguel Angel Vela Hugo https://creativecommons.org/licenses/by/4.0
The Justice & Law Journal is pleased to present Volume 8, Thematic Issue 2025, corresponding to the selected works of the Jean Monnet Congress held in Perugia, Italy, an academic body that brought together leading and outstanding researchers around the legal challenges posed by artificial intelligence, digital platforms, data protection, Foreign investment and fundamental rights in the European and comparative context.
Copyright (c) 2025 Hernán Alfonso López Hernández , Erika Isler Soto https://creativecommons.org/licenses/by/4.0
Normative Principles for the Legal Regulation of Artificial Intelligence: Human Dignity and Non-Delegable Agency
The proliferation of increasingly sophisticated artificial intelligence systems has produced a critical inflection point in the legal understanding of the relationship between humanity and technology. In this context, the article proposes a philosophical legal framework that, drawing on a radical ontological distinction between human beings and artificial systems, identifies normative principles aimed at regulating their development without compromising human dignity. Grounded in the tradition of moderate realism, the analysis argues that artificial systems, lacking substantial unity, conscious interiority, and genuine intentionality, cannot be regarded as ontological subjects equivalent to human persons. This separation imposes non-negotiable normative limits on the design and use of artificial intelligence and requires regulatory approaches that preserve spheres of inalienable human agency. The study concludes that the exclusivity of human moral judgment, the imposition of boundaries on algorithmic delegation, and the adoption of technological subsidiarity should guide regulatory frameworks intended to safeguard domains reserved for human agency within increasingly automated environments.
Copyright (c) 2026 Fernando A. Ramos-Zaga https://creativecommons.org/licenses/by/4.0
Is the traditional notion of public service applicable to liberalized services?
This paper studies the origin and characteristics of the traditional notion of public service, examining the assumptions that explained and justified its preferential application at a given historical moment. It sets forth the causes and circumstances that explain the process of exhaustion and overcoming of this traditional notion. It analyzes various alternative legal notions to the traditional notion of public service, open to regulatory improvement. It also argues why the traditional notion is inapplicable in legal systems that promote economic freedom, competition, and foreign investment.
Copyright (c) 2026 Luis Alfonso Herrera Orellana https://creativecommons.org/licenses/by/4.0
Barriers to access to environmental justice for indigenous communities in Chile. Hostile regulations coupled with a lack of free legal advice on environmental matters
This journal article examines free, specialized, high-quality technical and legal assistance as a standard in the right of indigenous communities to access environmental justice, their role as stewards of the environment, and the procedural difficulties they face in accessing participation and environmental justice in Chile.
Copyright (c) 2026 Maylin Moya Tolosa https://creativecommons.org/licenses/by/4.0
Conflicts Between Regulatory Norms in Chile: Challenges in the Exercise of Normative Powers by Administrative Organs
This paper exposes the risk of antinomian conflicts between the regulations derived from the exercise of normative powers conferred by law confers to administrative organs, as well as the insufficiency of the classic criteria to resolve them adequately by legal operators.
Copyright (c) 2025 Gaspar Jenkins Peña y Lillo, Diego Miranda Reyes https://creativecommons.org/licenses/by/4.0
The abandonment of goods under repair in favor of the supplier: an analysis of article 42 of Law 19.496 on consumer protection rights
This journal article analyzes the abandonment of goods left for repair in favor of the provider under Article 42 of Chile’s Consumer Protection Act (Law No. 19,496). It examines its scope and effects, arguing it applies only to repair contracts and presumes the consumer’s renunciation of ownership.
Copyright (c) 2026 Pamela Mendoza Alonzo, Danae Sandoval Villarroel https://creativecommons.org/licenses/by/4.0
Metallic and digital alternativity: the infrastructure of the means of payment in chilean law
The tension between the legal tender rule of state money and the widespread use of alternative means of payment raises questions about the effectiveness of the latter. The existing payment infrastructure suggests that the general rule in Chile is that, within a single monetary unit, both are used effectively as alternatives.
Copyright (c) 2026 Gissella López Rivera https://creativecommons.org/licenses/by/4.0
Legal challenges of processing of (personal and non-personal) data through Artificial Intelligence systems within the European Union Law
Regulation (EU) 2024/1689 (the Artificial Intelligence Act, or ‘AI Act’) and other European regulations emphasise the importance of data for the functioning of artificial intelligence (AI) systems. These systems use personal and non-personal data as input and generate data as output. This article analyses the main legal issues that arise from the use of data by AI systems within the framework of European Union law. With regard to personal data, the AI Act requires compliance with the General Data Protection Regulation (GDPR) and other applicable regulations without undermining the protection of fundamental rights. However, the largescale processing of data in AI can put essential GDPR principles such as minimisation, purpose limitation and storage under strain, making it difficult to update and improve models. Likewise, obtaining informed consent can be problematic given the unpredictability and transformability of data. Regarding non-personal data, the AI Act recognises legitimate interests relating to intellectual property, trade secrets, and public security. It therefore establishes governance practices to ensure data quality and traceability, supported by regulatory and interpretative strategies from European and national authorities. Nevertheless, the ethical and legal challenges of AI-driven data processing cannot be fully resolved through sectoral regulations alone. Common principles, such as responsibility and ethics by design, are needed to promote technologies that align with European values while simultaneously protecting individual rights and collective interests.
Copyright (c) 2025 Roberto Cippitani https://creativecommons.org/licenses/by/4.0
Restorative justice in Spain after the Law on the Efficiency of the Public Justice Service: Opportunities and Challenges
The Spanish criminal procedural system is retributive. However, in recent decades mediation has been introduced as a complement to the criminal process, attributing certain benefits to the accused when the parties (victim and defendant) reach a restorative agreement. These experiences began without a law to support them, although gradually legislation was enacted through measures that focused mainly on the victim’s right to reparation. The recent Law on the Efficiency of the Public Justice Service, of January 2025, takes a further step forward. It introduces a provision in the Criminal Procedure Law relating to Restorative Justice. This paper analyzes this regulation, highlighting strengths as well as aspects that we consider unclear or problematic.
Copyright (c) 2025 Virginia Pardo-Iranzo https://creativecommons.org/licenses/by/4.0
Evolution of the Child Support Collection Regime in Chile: Between Enforcement Measures and the Absence of Incentives.
This journal article examines the progressive tightening of Chilean child support legislation since 1935 through coercive measures against obligors. It argues that this approach has limited effectiveness and proposes a hybrid model combining enforcement with incentives for voluntary compliance.
Copyright (c) 2026 Francesco Carretta Muñoz https://creativecommons.org/licenses/by/4.0
Differentiated Procedural Protection and Procedural Guarantees Doctrine: Tensions, Refutations, and Proposals for Balance
Every regulatory framework, especially in the procedural domain, must respect the fundamental guarantees that enable it to surpass a minimum threshold of rational legitimacy. In this regard, the liberal strand of civil procedural law has raised concerns about threats to the right of defense, adversarial proceedings, and judicial impartiality in the application of certain techniques. Faced with the complex challenge posed by the efficiency-guarantee equation, this article aims to analyze the criticisms directed at differentiated procedural protection and, in response, propose a balanced approach that harmonizes conceptions of the process focused on the realization of rights with those that emphasize the importance of procedural guarantees as a channel of rational legitimacy for such realization.
Copyright (c) 2025 Pablo Andrés Martinez Zuñiga https://creativecommons.org/licenses/by/4.0
Normative and Empirical Treatment of Intimate Partner Violence in Family Mediation Processes in Latin America: A Comparative Study with Projections for Chile
This article it addresses the normative and empirical treatment given to intimate partner violence in family mediation processes in Latin America and the projections for Chile. Through a qualitative and comparative dogmatic methodology, the regulations, doctrine, jurisprudence and methodologies used in Argentina, Colombia and Chile are explored. The research reveals that, in some Latin American countries, intimate partner violence is recognized and addressed within the family mediation process. However, in Chile, this phenomenon has not been sufficiently regulated or considered within family mediation processes, which generates an invisibilization of violence, especially psychological and economic violence.
Copyright (c) 2025 Isabel González Ramírez https://creativecommons.org/licenses/by/4.0
Judicial activism and the gender perspective: Interpretative tensions in the Chilean judicial system
This research examines the relationship between judicial activism and the application of a gender perspective in the exercise of judicial activity. It seeks to clarify what is meant by judicial activism, identify the factors that allow it to be recognized in a ruling, and assess whether the incorporation of a gender perspective can be considered a space conducive to this phenomenon. Based on the analysis of a national case with high public connotations, it observes how the courts have resorted to gender-based interpretation to substantiate their decisions in contexts of inequality and structural violence. This study allows for reflection on the scope of this practice, its normative foundations, and its impact on the configuration of a judiciary committed to human rights and material equality.
Copyright (c) 2025 Ricardo Alberto Vargas Morales, Constanza Pamela Basoalto Riveros https://creativecommons.org/licenses/by/4.0
Los derechos del consumidor como objeto de subrogación del asegurador en el derecho chileno
This paper argues that the subrogation under art. 534 of the Commercial Code transfers the credit and its accessories, but not the procedural privileges. Based on transferability criteria, it establishes that the insurer must exercise its recourse action outside the scope of the Consumer Protection Law (LPC).
Copyright (c) 2025 Eduardo Zamora Fuentes https://creativecommons.org/licenses/by/4.0
The right to care in the chilean legal system: towards the recognition of caregiver protection
In response to the importance of protecting care and those who provide it, given the lack of specific regulations on the subject in Chile. This text aims to determine the recognition of the right to care and its content based on a study of current legislation in the legal system, given the hypothesis that care is recognized as an autonomous right in a fragmented and unsystematic manner. At the same time, it studies the figure of the caregiver as a vulnerable subject and their protection, extending to the protection of the rights of the person receiving care. To achieve this, we will conduct a dogmatic study of current family law legislation in its specific areas: childhood and adolescence, disability, and the elderly.
Copyright (c) 2025 Stephanie Merlet Zuvic https://creativecommons.org/licenses/by/4.0
The purpose of this article is to assess the manner in which the EU legislator has provided for the identification of a user’s consent on electronic platforms assisted by Artificial Intelligence (AI) and to what extent that person wanted to be bound. Such identification should, in principle, be carried out by the operator of the electronic platform itself, but it could also be sought by third parties and competent supervisory bodies. To this end, this study assesses the impact of the doctrinal trend known as Contractual Solidarism on the rules on the protection of consent in force in current European regulation, and, in particular, the Digital Service Act (DSA). The assessment confirmed the influence of this doctrinal trend on the way in which the determination in electronic commerce of whether or not there was consent at the time of contracting is regulated. Indeed, since the DSA creates new obligations aimed at guaranteeing civility, decency, and transparency in information at the pre-contractual stage; and those of coherence, advice and cooperation in the contractual, are all obligations that correspond to the application by the regulatory body of the active good faith widely promoted by Contractual Solidarity, which makes the act embody a new order once predicted by Professor Denis Mazeaud in France. The study also concludes that both consent and its magnitude can be identified, in principle, from the traceability of the diligent execution of those new obligations. Therefore, it is of fundamental importance that both users and operators of electronic platforms know the reason for their existence so that they can execute them efficiently and thus contribute to establishing a reliable contractual environment in the digital context.
Copyright (c) 2025 Betty Martínez-Cárdenas https://creativecommons.org/licenses/by/4.0
The Court of Justice of the European Union’s concept of originality and artificial intelligence
This paper analyses whether the creations generated by autonomous artificial intelligence systems can be protected under EU copyright law. To do so, it starts by defining what an autonomous artificial intelligence is for the purposes of this work. Then, it reviews the Court of Justice of the European Union’s development of the originality requirement. It is argued that this requirement is key to determining whether these creations can obtain copyright protection. Finally, it is concluded that these creations are not protected by EU copyright law thus pertaining to the public domain.
Copyright (c) 2025 Felipe Osorio Umaña https://creativecommons.org/licenses/by/4.0
Analysis of the Notion of Subliminal Techniques Contained in Article 5 of the European Union Artificial Intelligence Regulation
The article examines the notion of subliminal, manipulative or deceptive techniques that are intentionally harmful and significantly and substantially influence the behaviour of individuals or groups of people prohibited in Article 5. 1(a, b and c) of the European Union’s Artificial Intelligence (AI) Regulation and in the Guidelines adopted by the European Commission in 2025 on prohibited practices in the field of AI established by the Regulation. As the Commission’s guidelines point out, subliminal techniques are currently more sophisticated with the use of neurotechnologies such as brain-computer interfaces, where there is a proliferation of cognitive biometric data, without the user’s awareness and sometimes even without their consent, which could cause harm and affect fundamental rights, for example in the area of personal data protection and neurorights, among others. This text also analyses the relationship between the use of AI, neurotechnologies and subliminal techniques that affect the aforementioned rights.
Copyright (c) 2025 María Isabel Cornejo Plaza https://creativecommons.org/licenses/by/4.0
The Principle of Legality and Compulsory Criminal Prosecution. Myth and Reality
The article—from a comparative law perspective—the interpretation of the principle of legality in criminal prosecution, highlighting that, due to limited resources, prosecuting authorities must select cases to investigate based mainly on the severity of the crime, the likelihood of success, and the social expectations involved in criminal law enforcement. Effective management requires this selection procedure, but it shouldn’t be capricious or go against the legality principle, which calls for fair prosecution. The principle of legality requires that similar cases be treated uniformly and that investigations not be omitted without reasonable justification. The writing also says it’s wrong for prosecutors to “resign” when crimes are small or hard to investigate, because this could go against the idea of law. It concludes by saying that in order for the system to meet justice standards and guarantee the efficacy of criminal prosecutions, criminal reforms should be accompanied by an increase in resources.
Copyright (c) 2025 Carlos Correa Robles https://creativecommons.org/licenses/by/4.0
The “Responsible” Use of Artificial Intelligence Systems and the Principle of Responsible Lending
The article examines the lack of regulation regarding the use of new technologies, particularly special artificial intelligence (AI) systems, within the framework of creditworthiness assessments as set out in Article 17 N of the Chilean Consumer Protection Act. It further analyzes the need to integrate this framework with current legal instruments and the pending bill aimed at regulating artificial intelligence in Chile.
Copyright (c) 2025 Francisca Barrientos Camus, Diego Javier Rodríguez Gutiérrez https://creativecommons.org/licenses/by/4.0
Crime Prevention Models in the Era of Corporate Sustainability: A Critical Review Based on Law 21.595 on Economic Crime
Law 21,595 (2023) on economic crimes introduced important amendments to Law 20.393 (2009) on criminal liability of legal persons, particularly with regard to the minimum content of crime prevention models. However, what are the implications of those amendments, what challenges do they represent from the perspective of corporate sustainability, what role does self-regulation play and how does it influence the effectiveness of the minimum elements that make up such models? Preliminarily, we note that, although the new law retains the optional nature of its adoption, a coherent interpretation of its provisions suggests a tendency towards obligatory nature, especially if the aim is to activate the exonerating effectiveness of the criminal liability of organizations, considering that they are exposed to the commission of a wide range of crimes under the new regulations. However, the law also gives them considerable leeway to configure the minimum elements of their crime prevention models (e.g., reporting channels, internal investigation procedures, sanctioning regime, etc.), which we believe could compromise their effectiveness. Therefore, through a critical and hermeneutic analysis carried out in light of corporate sustainability, we aim to reveal some key aspects that contribute to their effectiveness.
Copyright (c) 2025 Gloria Estefanía Vargas Almonacid https://creativecommons.org/licenses/by/4.0
Analysis of the criteria for qualification of a service essentiality: the prohibition of the right to strike in the regulated contractual system of the chilean labor code
Article 362 of the Chilean Labour Code provides for hypotheses that make it possible to prohibit the exercise of the right to a regulated contractual strike in the event that it collides with certain fundamental rights, with the aim of protecting the users of essential services. However, its application is not a peaceful matter. For this reason, the purpose of this paper is to analyse the scope of this prohibition, limiting its scope in accordance with a respectful reading of the strike as a fundamental right. To this end, it analyses labour legislation, judicial and administrative caselaw, national and comparative doctrine, and the pronouncements of the International Labour Organisation. It also takes into consideration that in Chile there is another limitation measure that also complies with the objective of protecting the fundamental rights of third parties and that invades to a lesser extent the exercise of the right to strike, which makes the prohibition disproportionate.
Copyright (c) 2025 Karla Varas Marchant, Matías Calderón Castro-Reyes https://creativecommons.org/licenses/by/4.0
The ethical design of digital products and services as an instrument to safeguard the dignity, freedom and mental health of users
This paper examines some addictive design strategies used by entertainment or interpersonal communication platforms and their impact on the dignity, freedom and mental health of users. In response to this, the argument is based on the need to safeguard human dignity from the very design of these products and services, based on an initiative of the European Parliament aimed at studying the legal loopholes in the matter and generating legislative proposals against addictive design.
Copyright (c) 2025 Nathalie Walker Silva https://creativecommons.org/licenses/by/4.0
Towards the consolidation of a plural and sustainable model for the control of foreign investments and their impact on the european market
Since 2017, the European Union has substantially modified its position on certain foreign investments originating from specific countries or intended for particular strategic economic sectors. This article analyses the complex, multifaceted European model designed to control foreign investment in strategic sectors. It emphasises a model based on the need to guarantee national security, promote reciprocity, and minimise unfair practices, which form the basis for accepting foreign investment flows. Assuming its constant evolution, the model is based on the following principles. The article concludes with an analysis of existing regulatory proposals to consolidate a sustainable approach.
Copyright (c) 2025 Carlos Esplugues Mota https://creativecommons.org/licenses/by/4.0
Environmental justice gaps in Chilean environmental court decisions on renewable energy projects affecting indigenous communities
In the context of Chile’s proposed decarbonization of the energy matrix and its commitment to a just transition, the rulings of Chilean environmental courts on renewable energy projects approved in the Environmental Impact Assessment System (SEIA) that affect indigenous communities are analyzed, to identify whether there are environmental justice gaps in their decisions. The research focuses on the normative tension between decarbonization and the human rights of indigenous communities, suggesting that these should be considered in the environmental assessment process.
Copyright (c) 2026 Dominique Herve Espejo, Roxana Nuñez Becerra, Juan Jorge Faundes Peñafiel https://creativecommons.org/licenses/by/4.0
The Inclusion of Diversity in Artificial Intelligence Systems of Medical Decision Support as Human Rights Approach in Artificial Intelligence
This paper analyzes the relevance of diversity inclusion as a principle and how it can contribute to preventing bias in health care decisions supported by artificial intelligence-based systems. First, it is proposed to address the content of the principle of diversity inclusion in the different phases of the design and implementation of the systems; then it is proposed how the transversality of the principle allows to protect the most vulnerable groups against decisions supported by artificial intelligence systems in the health field. For this purpose, a review of specialized literature and the application of the dogmatic method will be used. It is hypothesized that the inclusion of diversity in a transversal way to data processing and algorithm design to support health decision making allows mitigating the risks of algorithmic discrimination, avoiding the underrepresentation of vulnerable groups.
Copyright (c) 2025 Edison Calahorrano Latorre https://creativecommons.org/licenses/by/4.0