Resumen

GONZALEZ MATAMALA, LUCIANO  y  FUENTES BERRIOS, AGUSTÍN. NOTES ON THE LOSS OF THE OBJECT IN THE THIRD ENVIRONMENTAL COURT. THE RELATIONSHIP BETWEEN ARTICLES 17 N° 6 AND 17 N°8 OF LAW N° 20.600 FROM A CRITICAL PERSPECTIVE. Rev. derecho (Concepc.) [online]. 2022, vol.90, n.252, pp.229-243. ISSN 0303-9986.  http://dx.doi.org/10.29393/rd252-9nsgf20009.

The Third Environmental Court, applying the theory of improper invalidation, has understood that the closing rule of Article 17 N° 8 of Law No. 20,600 is not applicable to the appeal for invalidation. Thus, it is possible according to this court jurisprudence, that with respect to the same Environmental Qualification Resolution, different appeals for its nullity may be filed. In this paper we will specifically address the relationship between the articles 17 No. 6 and 17 No. 8 appeals, together with a critical analysis of the proposed solution that the Third Environmental Court has upheld. This solution consists in the fact that once a declaration of nullity has been obtained with respect to one of the actions, the other, initiated in a different proceeding, would superveniently lose its object, since it is pursuing a nullity that has already been declared.

Palabras clave : Loss of the Object; right of appeal; effective access to justice; environmental general action for judicial review; environmental permits; annulment.

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