¿Cómo definir a la persona en el derecho chileno? (Sentencia del Tribunal Constitucional de 28 de agosto de 2017. Rol N° 3729-17)

Abstract

The present commentary exposes a critical vision of the sentence dictated by the Chilean Constitutional Court on the occasion of the requirements referred to the bill “aborto tres causales”. For this, after succinctly explaining the content of the requirements and the main argumentative line developed by the Court to deny the status of person to the nasciturus, the considerations exposed to motivate that decision are critically evaluated. Special emphasis is given to their disagreement with the new understanding of the personality that has developed in Civil law, based on the values involved in human rights.