Abstract

The regime of patrimonial liability of the State has undergone significant development in recent decades in matters of human rights violations, in application of international standards on the right to reparation of the victims. In the case of Chile, its incorporation has been incomplete and unsystematic, with advances in jurisprudence and administrative measures of transitional justice. Four areas are reviewed in which the international norms of the right to reparation challenge the regime of State liability in Chile: the imprescriptibly of the action, the proof regarding the quality of victim and holder of the right, the application of res judicata to cases in the matter, and the extension of the reparable damage. It is concluded that there is a settled reception in the jurisprudence of the first two elements, while, in the case of the latter, their incorporation is incipient in the jurisprudence.