Abstract

This essay explains the origin and evolution of the proposal to include the Public Custody of Nature to the text of the draft of the new Chilean constitution. From this basis a popular initiative of norm is elaborated and finally incorporated into the discussion of the Constitutional Convention. This proposal is approved, with modifications, by the Plenary of said Convention. In this context, the doctrine of the Public Trust is explained, including its relationship with the doctrines of the public domain and the social function of property, both traditional theories of our own national legal system. Then, the work analyzes the evolution of the constitutional discussion of this proposal and the changes that were introduced, with particular emphasis on its union to the category of natural commons. Finally, it is advanced why it constitutes an innovative proposal for Chilean national environmental law, the scope of its application in the terms that the proposal is ultimately configured and it announces some of the legal requirements for its effective implementation