Chilean Court System: Appeals and Family Courts Explained
Court of Appeals in Chile
The Courts of Appeals are superior, ordinary, permanent courts of law, which have jurisdiction over a region or part of a given region. There are 17 Courts of Appeals in Chile. The territory for the Court of Appeals of Antofagasta includes the second region.
Organization of the Court of Appeals of Antofagasta
- 7 Ministers
- Fiscal Court
- 5 Rapporteurs
- Secretary
- Official Secretary
The appellate courts operate in an ordinary and extraordinary manner. They operate in an extraordinary manner when there is a delay. A delay occurs when the total number of cases divided by the number of chambers exceeds 100.
When the court performs in an extraordinary manner, it is divided into two chambers, each consisting of three members. The Court of Appeals has jurisdiction in the first, second, and sole instance.
Jurisdiction in Sole Instance
- Appeals against judgments issued by judges of letters or by one of its ministers, and final judgments of first instance handed down by arbitrators.
- Actions for annulment.
- Complaints against judges within its jurisdictional territory.
- Active extradition.
Jurisdiction in First Instance
The chamber hears the following:
- Amparo (Habeas Corpus)
- Protection
- Economic Amparo
- Quarrels
Meeting in full:
- Trials of removability against judges of letters.
- Procedure of people’s outrage (Article 61 of the Constitution).
Jurisdiction in Second Instance
The court hears the following:
- Appeals
- Consultations
- Skills
- Removability judgments against ministers of the Supreme Court (only the Court of Appeals of Santiago).
Family Courts in Chile
Family Courts are special, permanent courts of law, and are superior to the respective Court of Appeals (Antofagasta).
Composition and Jurisdiction
Family Courts are composed of the number of judges prescribed by law. In the case of Antofagasta, there are 10 judges with jurisdiction over the towns of Antofagasta, Mejillones, and Sierra Gorda. In Calama, there are 4 judges with jurisdiction over the districts of El Loa.
Family Courts also have expert advice, an administrator, a secretary, and plant employees. They are organized into administrative units to fulfill the following functions:
A) Board
Responsible for the organization and assistance in the conduct of hearings.
B) Public Care
This unit is intended to provide adequate care, guidance, and information to the public that attends the court, especially children and adolescents. It also handles the court’s correspondence.
C) Services
This unit meets the technical support tasks of the court’s computer network, accounting, and support for the unity of cause.
D) Administration of Causes
This unit manages causes and processes records in court, including those relating to notices, handling of dates, and the role of new cases.
E) Technical Advice
To become a member of the technical advice, you need to have a professional title from a career that has at least an eight-semester course, given by a state college, a professional institute, or recognized by the state.
Functions of Technical Advice
- Advise, individually or collectively, the judges on the analysis and better understanding of the issues brought before them in their area of specialization.
Powers of the Technical Advisor
- Assist trial hearings to provide technical opinions.
- Advise the judge on the appearance and adequate statement of a child or adolescent.
- Evaluate the appropriateness of referral to mediation or conciliation between the parties and advise on the terms in which the latter might conduct.
Family Court Jurisdiction
- Cases relating to the personal care of children or adolescents.
- Causes of direct and regular relationship.
- Guardianship cases.
- Alimony cases for both major and minor children.
- Descent cases.
- Domestic violence cases.
- Adoption procedures.