ELRECURSODEPROTECCIÓNYSUPROBLEMÁTICAACTUALENELDERECHOCHILENO

Abstract

This paper aims to analyze the need to reform the current constitutional and legislative design of the protection resource for better protection of fundamental rights, especially social rights. Identifies that the scope of incidence of the protection resource is restricted. By ter a restrictive role, does not reach other rights, especially those of a social nature. This reality reveals a plurality of fundamental rights of the human person that must be protected by the legal system. It considers that fundamental rights, in order to be protected and effective, call for action by state agents. It suggests that a constitutional reform or even a new Constitution for Chile may establish a better protection of fundamental social rights.