Chilean Legislation Research Articles

Open Legal Primaries in Chile: Reflections Ten (Turbulent and Convulsive) Years after Their Formal Enactment

Objective/context: This paper examines the open legal primary rule in Chile for the selection of the presidential candidate, established in 2012 through Law 20640. This rule contains elements shared with similar legislation in the region as well as specific characteristics. Methodology: Through a case study, we will investigate the results and consequences of the application of primaries on the three occasions they were implemented (2013, 2017, and 2021). We will review the formal changes adopted and the political events that occurred in the interim, considering the main variables that typically intervene in electoral events of this nature, drawn from the existing debate and literature. Conclusions: The case of Chile shows that the combination of an open legal primary system with voluntary internal voting, incomplete simultaneity, and the absence of stable political groupings produces effects that do not align with either the general aspirations for the implementation of primaries or the theoretical purposes outlined by the ideologists of Chilean legislation. Originality: This study contributes to the emerging literature addressing open legal primaries in their dual aspect, both as a nomination mechanism and as an electoral rule.

Geopolitics of Fashion. Glocal Power Evidence and Design Activism for Leading Disrupting Textile Debris in Chile

The relocation of the textile industry has resulted in both linkages and disruptions within the regions where they have been established. Due to the creation of textile dumps, the territorial links of the textile industry in Chilean territory, specifically in Alto Hospicio, have modified the social and environmental landscape. This study investigates the relationship between global textile production networks and the environmental and social effects of textile debris entering Iquique. Furthermore, how would it be possible to make it visible and raise awareness to seek viable future solutions through design activism actions. The research was carried out based on field interviews, techniques of “conversation in action” (Flores, 2013) from the perspective of Grounded Theory, a research trip to the north of Chile, as well as the review of Chilean legislation, similar case studies, and literature related to the functioning of the global fashion system from a geopolitical standpoint.

Evaluation of the anaerobic digestion of winery wastewater: Effect of fly ash in anaerobic sequencing batch reactor

The addition of fly ash (FA) to an anaerobic reactor has been studied mainly in batch tests. Nevertheless, the FA effect on the continuous operation of an anaerobic bioreactor has not been addressed. Therefore, the present work shows the effect of FA on the continuous operation of anaerobic sequencing reactors (ASBRs) treating winery wastewater. Two ASBRs were used and operated continuously for 302 days under mesophilic conditions with a hydraulic retention time (HRT) of 3 days. The effect of the organic loading rate (ORL) on the operation was investigated for 204 days. After that, to evaluate the effect of FA as an anaerobic digestion (AD) enhancer, one of the reactors was dosed with 25 mg L−1 of FA for 98 days. The FA dosages allowed an increase in methane production and organic matter removal by 75% and 42%, respectively, concerning the system without FA. Furthermore, the importance of FA in the process was demonstrated by obtaining a yield of 334 NmL CH4 COD removed−1. This result represented a 12% increase compared to the yield previously obtained in the same reactor before adding the FA. Additionally, acetic acid and propionic acid were the predominant volatile fatty acids (VFAs) in the process. Finally, the metals present in the digested sludge after FA addition did not exceed the limits allowed by Chilean legislation.

Digital estate and its protection in the chilean legal system

The patrimony of the people and the rights to it have broad protection in Chilean legislation, mainly given by the civil code. However, heritage in the 21st century is not only made up of rights and duties of a physical or material nature, but also of digital assets. As regards the latter, some problems of destination arose in the face of the death of the owner. Therefore, the objective of this article is to determine the basis for the configuration of the legal regime of digital assets in Chile and in particular the relationships that these present with the categories of assets, patrimony and their succession in the digital environment. The methods used were doctrinal law, content analysis and doctrinal theoretical study. It is concluded that the current legislation on digital heritage does not meet the requirements, therefore it is necessary to define what is to be understood as a digital asset; specify the content of the digital heritage and expressly distinguish between the aspects of the personality and those of a patrimonial nature with an economic content which derive from the exploitation of certain rights of the personality and which therefore constitute the hereditary heritage.

General Interest as a Differentiating Criterion Between the Chilean and Spanish Appeal for Cassation on the Merits

This paper is a microcomparative study of the appeal for cassation on the meritsbased on Spanish and Chilean regulations. First, a genealogical analysis of theinstitution referred to is made in order to find a common root. Next, the main pointsregulated by Spanish and Chilean legislation in relation to the figure under study arementioned. On the basis of the above, it is examined whether it is pertinent totransplant the appeal in cassation interest in our legal system. It is concluded that itis not advisable to incorporate this figure, since neither the uniformity of thejurisprudence nor the nomofilaxis ensures a fair result, since this depends on thefairness of the rule. On the other hand, it affects the right of the litigant, since itprioritizes the creation of doctrine over the resolution of conflicts, which is the mainfunction of the jurisdiction.

Ethical conditions for research with the elderly: a narrative review [Version 1; Peer Review - In Progress

Introduction: the population aging raises the need for the inclusion of older people in research, and therefore, the review of ethical guidelines that grant protection to this age group, especially in conditions of vulnerability. Objective: to find out about the ethical conditions involved in research with older people and the protection they should be afforded as research subjects. Methods: narrative review of 15 original articles published between 2001 and 2021, indexed in the PUBMED, Web of Science, CINAHL, and SCOPUS databases. The descriptors used were Ethics in Research and Aged/ Elderly. Results: the main findings point to the poverty of research on aging issues and unjustified discrimination in the participation of older people in clinical studies. An update is provided on the ethical conditions for research on older people, according to the requirements set out by Emanuel. Conclusions: the need to include older people in clinical research is imperative, for which it is necessary to integrate advances in Chilean legislation that allow the participation of this age group in different situations of vulnerability while maintaining the conditions of protection contemplated in international ethical guidelines and agreements. Participatory research and methods that include the community can be an opportunity to approach research within a framework of respect and citizen education

Mortality prediction of the nutrient profile of the Chilean front-of-pack warning labels: Results from the Seguimiento Universidad de Navarra prospective cohort study.

Front-of-Pack (FoP) nutrition labelling has been established as a policy, empowering consumers to choose healthy food options for preventing diet-related non-communicable diseases. This study aimed to evaluate the association between the nutrient profile underlying the Chilean warning label score and all-cause mortality and to conduct a calibration with the Nutri-Score in a large cohort of Spanish university graduates. This prospective cohort study analysed 20,666 participants (8,068 men and 12,598 women) with a mean (standard deviation) age of 38 years (±12.4) from the SUN cohort. Dietary food intake was assessed by a validated semi-quantitative food-frequency questionnaire at baseline and after 10 years of follow-up. The warning label score was calculated by considering the threshold of nutrients (sugar, saturated fat, and sodium) and energy density per 100 g/ml of product, as established by Chilean Legislation. Participants were classified according to quartiles of consumption of daily label score: Q1 (≤5.0), Q2 (>5.0-7.1), Q3 (>7.1-9.8), and Q4 (>9.8). Time-dependent, multivariable-adjusted Cox models were applied. To compare the performance of the warning label score and Nutri-Score to predict mortality, we used the Akaike information criterion (AIC) and Bayesian information criterion (BIC) methods. During a median of 12.2 years of follow-up, 467 deaths were identified. A higher score in the warning label values (lower nutritional quality) was associated with an increased risk of all-cause mortality [HR (95% CI) Q4 vs. Q1: 1.51 (1.07-2.13); p-trend = 0.010] and cancer mortality [HR (95% CI) Q4 vs. Q1: 1.91 (1.18-3.10); p-trend = 0.006]. However, no statistically significant association was found for cardiovascular mortality. Furthermore, the warning label score and Nutri-Score exhibited comparable AIC and BIC values, showing similar power of prediction for mortality. A diet with a higher warning label score (>9.8 per day) was a good predictor of all cases and cancer mortality in a large Spanish cohort of university graduates. Also, the warning label score was capable to predict mortality as well as the Nutri-Score. Our findings support the validity of the warning label score as a FoP nutrition labelling policy since it can highlight less healthy food products.

Revealing spatiotemporal dynamics of forest plantation harvesting practices at landscape level using satellite time series data

Abstract Forest landscapes dominated by commercial plantations are managed using intensive silvicultural schemes that involve a harvesting-replanting cycle, with clearcutting being one of the most used harvesting methods. Clearcutting has several negative effects, both biotic and abiotic, and to control them, many countries have established exclusion periods and restrictions regarding the amount and distribution of clearcutting areas at landscape level. However, Chile still does not have such restrictions. The main purpose of the study was to analyse forest area trends and to identify the spatiotemporal scales at which clustering of clearcutting areas occurred, between 1999 and 2017. The study area was the coastal zone of the Region of Maule, Chile, dominated by Monterey pine (Pinus radiate D. Don) plantations. We used Landsat 5, 7 and 8 to produce yearly land cover maps to differentiate clearcutting areas from other classes. By using Emerging Hot Spot Analysis, we calculated the spatiotemporal trends of these clearcut areas. We found that harvest clusters have an oscillatory behaviour, ranging from Hot to Cold Spots over the time with an average size of 46.8 km2 and being active for 2 years (±1.7). Our results support the claim to introduce new regulations to the current Chilean legislation regarding explicit exclusion periods and multiscale forest management.

From Chuquicamata to Nereus: A Contribution of Chilean Legislation to International Laws on Space Mining

From Chuquicamata to Nereus: A Contribution of Chilean Legislation to International Laws on Space Mining

The Blue Economy in Small-Scale Fisheries – An Ocean-Land Interface Perspective: The Case of Chile as Support for a Generalizable Analysis for Latin America

Abstract With regard to the blue economy, there is a scarcity of discussion on the land-ocean interface. The article’s aim is to fill that gap, focusing on land tenure rights of coastal territory and its governance. For that purpose, the Food and Agriculture Organization (FAO) Code of Conduct for Responsible Fisheries is key to bringing the concept of the blue economy into the lives of small-scale fisheries stakeholders. The article attempts to analyse whether Chilean legislation complies with the FAO framework, particularly in the area of tenure rights over fishing inlets as well as whether this framework is accepted by those engaged in small-scale fishing. The hypothesis is that, in areas not covered by statutory law, which is mandatory, fishermen have already been intrinsically applying the FAO framework, which is voluntary. Thus, it is important to acknowledge their practices when developing legislation and legal reforms that attempt to introduce such a framework.

A Simple Yet Effective Preanalytical Strategy Enabling the Application of Aptamer-Conjugated Gold Nanoparticles for the Colorimetric Detection of Antibiotic Residues in Raw Milk.

The misuse of antibiotics in the cattle sector can lead to milk contamination, with concomitant effects on the dairy industry and human health. Biosensors can be applied in this field; however, the influence of the milk matrix on their activity has been poorly studied in light of the preanalytical process. Herein, aptamer-conjugated gold nanoparticles (nanoaptasensors) were investigated for the colorimetric detection in raw milk of four antibiotics used in cattle. The effect of milk components on the colorimetric response of the nanoaptasensors was analyzed by following the selective aggregation of the nanoparticles, using the absorption ratio A520/A720. A preanalytical strategy was developed to apply the nanoaptasensors to antibiotic-contaminated raw milk samples, which involves a clarification step with Carrez reagents followed by the removal of cations through dilution, chelation (EDTA) or precipitation (NaHCO3). The colorimetric signals were detected in spiked samples at concentrations of antibiotics as low as 0.25-fold the maximum residue limits (MRLs) for kanamycin (37.5 μg/L), oxytetracycline (25 μg/L), sulfadimethoxine (6.25 μg/L) and ampicillin (1 μg/L), according to European and Chilean legislation. Overall, we conclude that this methodology holds potential for the semiquantitative analysis of antibiotic residues in raw milk obtained directly from dairy farms.

Factors Related to Animal Welfare in the Commercialization of Bovine Livestock According to the Chilean Legislation: A Review

Factors Related to Animal Welfare in the Commercialization of Bovine Livestock According to the Chilean Legislation: A Review

School Choice in Chile

In “School Choice in Chile,” Correa et al. describe the design and implementation of the new school admissions system in Chile. The design, based on the celebrated work of Gale, Shapley, and Roth, involves several challenges to comply with the Chilean legislation. For instance, the system includes different priorities and quotas for different groups of students. Moreover, the system operates nationwide and in all grade levels. As a result of the latter, one of the primary goals was to favor the joint assignment of siblings to the same schools. To accomplish this, the authors propose a heuristic approach that dynamically updates preferences, and breaks ties at the family level to increase the probability that siblings are assigned to the same school. The system, introduced in 2016 and still in use today, serves more than half a million students each year.

Site Characterization and Associated Disposal Costs for Illegal Dumpsites Located in the Municipality of La Granja, Chile

Chilean legislation dictates that Municipalities are responsible for household solid waste management, but this doesn’t include the clean-up of illegal dumpsites. These in-city dumpsites usually are located on public roads, parks or abandoned sites; have a wide variety of origins, from household trash to business waste, and feature a high component of construction debris. One of the main problems that municipalities have managing these sites is that when they are cleaned, the dumpsites immediately reappear. Therefore, a site survey and visual characterization was performed for these illegal dumpsites at the Municipality of La Granja, and a cost analysis associated with the constant clean-up costs was performed. La Granja Municipality has an established clean-up program with a frequency that varies from one to three withdrawals a week per dumpsite. Santiago is Chile's capital and is divided into 32 municipalities, the general population of the city is 5.250.565 habitants according to the 2017 census. La Granja is one of Santiago’s municipalities; according to the last census, it has 116.571 inhabitants and a total of 34.423 households divided into 69 neighbourhoods. The social economical income of the municipality corresponds to medium low to lower level. The study detected 35 critical sites that were catalogued as recuring dumpsites. The mayor cause of these dumpsites corresponds to illegal dumping of construction waste, mayor appliance and household waste, and only one dumpsite didn’t present construction debris during the length of the study. The average volume measured in site, for most of the dumpsites varied from 1 to 3 m3 and only 2 sites exceeded 8 m3. The most important characteristics of the dumpsites were the ease accessibility (82,4%), followed by the total lack of public illumination, high vehicular traffic and to or more intersections (67,7%). The equipment and personnel cost were estimated for the clean-up service of the 35 dumpsites. The cost analysis showed that the associated cost of the clean-up corresponds to a 5,8% of the municipal budget for solid waste management. As a result of the study, 4 sites were intervened through the generation of green area or small parks, with an emphasis in the protection or blocking of the access and roadside.

Performance and treatment assessment of a pilot-scale decentralized greywater reuse system in rural schools of north-central Chile

The problem of water scarcity in the world has gained great relevance in recent decades. One of the fields of study that has been developed as an ecological alternative to combat the water demand is the reuse of greywater. Greywater corresponds to domestic wastewater that excludes water from the toilet. These waters have the potential to be reused after simple treatments for non-potable uses. In the last decade, Chile has gone through the most intense mega-drought in its history. One of the most affected regions is the Coquimbo Region, located in the north-central zone, with a semi-arid climate and extensive agricultural activity. This paper presents the first results of pilot greywater treatment systems installed in rural public schools in the Coquimbo Region. In the first instance, different sorbent materials such as sand, zeolite, acid-activated carbon (AAC), base-activated carbon (BAC) and heat-activated carbon (HAC) were studied for the removal of organic matter and turbidity. It was found that the adsorbent materials based on carbon were more efficient for the removal of organic matter, registering maximum mean sorption capacities of 107.7 mg/g, 77.5 mg/g and 78.5 mg/g, for AAC, BAC and HAC, respectively. On the one hand, the treatment columns composed HAC, zeolite and sand, were very effective for removing turbidity, reaching removal percentages over 90%. On the other hand, pilot treatment systems were efficient in reaching the water quality levels required by Chilean legislation for the use of irrigation of recreational areas and services, and in some cases for the use of ornamental irrigation. The advantage of these systems is their simplicity and low installation cost. These systems have allowed savings of between 840 and 26,000 L per month, depending on the size of the school, which has allowed the watering of gardens.

Opinion of medical students compared with non-medical students about organ donation and its bioethical conflicts

Introduction and Purpose: Organ donation is controversial. Chilean legislation failed to increase donors. However, it seems that there is an enthusiasm to be an organ donor, so education is important. Therefore, medical students play an important role in educating, but the other students may not know these topics. Thus, the following work pretends to compare the opinions of medical students and non-medical students at the University of Concepción (UDEC) about organ donation and associated bioethical conflicts.Material and Method: Observational, descriptive, cross-sectional study with qualitative and quantitative variables. It was used a 16-question survey, applied in Argentina, adapted to the Chilean culture. The sample was 60 students: 30 medical students and 30 students from other fields, outside the health area. Microsoft Windows Excel program was used to process the data.Results: Mostly men were surveyed, on average 21.5 years. Engineering was more frequent after medicine, and mode was 4 years studied. The absence of belief predominated. In both groups the donation was considered good; that they would donate, because it is a way of giving a life; and what they would like to receive. In medicine they considered that those who donate are brave people, where the other group considered that they give their lives and are brave. Regarding the concepts of brain death and Chilean law number 20.413, knowledge was lower in the non-medical group.Conclusions: We observe that medical university students handle some concepts related to donation in more detail than those who pursue careers outside the health area. Organ donation it is an issue that needs to be brought to discussion that should include the government authorities, local authorities, and the community.

ON DIGNITY, VULNERABILITY, INDIGENOUS PEOPLES AND FISHERFOLKS: CHILEAN SUBSISTENCE FISHING ACCORDING TO INTERNATIONAL HUMAN RIGHTS

Abstract Subsistence fishing is a confusing and heterogeneous fishery construct. Even so, its connection to human protection compels us to analyze it through the lens of human rights. Using the case of Chile due to its legal peculiarities, we aim to determine the scope of the Chilean legislation on subsistence fishing, integrating international treaties on human rights, case law, and reports from United Nations agencies regarding three issues. First, we examine how the Chilean legislation relates to the right to food and the promotion of decent social conditions. Next, we explain why the prohibition of riggings and propulsion enables us to identify economically precarious users and how this prohibition is related to vulnerabilities and poverty as human rights concepts. Finally, we show how the property of indigenous peoples and the culture of fisherfolk populations could impose their inclusion and preferences in access to subsistence fishing resources. Considering the results, we hold that human rights help to clarify the understanding of it and propose partial amendments to the Chilean legislation on subsistence fishing. But, above all, they introduce protection standards that allow us to see such legislation not as a mere derivation of state privilege, but as an attempt to foster a situation of equality: an affirmative action. We conclude by presenting a conceptual approach for Chilean subsistence fishing, suggesting that it could help to unveil new objectives and rights in fishing, and even influence the understanding of natural resource allocation.

La “reagrupación familiar” como concepto y límite a los poderes del Estado de Chile en materia migratoria

The purpose of this paper aims to identify and specify the concept/principle of family reunification as a limit to the powers of the State Administration in migration matters. Based on a review of international standards and the jurisprudence of Supranational Courts on human rights it is possible identify some criteria that have been applied in this area giving content to this principle This analysis serves as the basis for analyzing Chilean legislation and jurisprudence in this topic, noting how it has been progressively applied, having now full recognition in domestic law, both in terms of refugee protection and migration legislation in general.

Percepción de enfermeras/os de atención hospitalaria y primaria de salud, sobre el liderazgo de Enfermería

Introducción. La legislación chilena atribuye a enfermería la Gestión de Cuidados, implica autonomía, requiriendo enfermeras/os capaces de practicar “liderazgo efectivo” contribuyendo a la óptima salud de la población. Sin embargo, se ha instalado la percepción de que enfermería a nivel nacional ha perdido espacios de opinión y toma de decisiones, lo que hace relevante indagar apreciaciones desde las/os protagonistas respecto al ejercicio de liderazgo en sus prácticas. Material y método. Investigación cualitativa, descriptiva, tipo estudio de caso, utiliza análisis de contenido. Resultados y discusión. En la percepción del liderazgo de enfermería predominan características del liderazgo transformacional. Reconocen una directa relación entre ejercicio de liderazgo y la calidad del cuidado brindado a las personas. Se identificó como facilitadores del liderazgo habilidades personales, la formación profesional y trayectoria del ejercicio laboral. Emergen obstaculizadores como dificultades comunicativas, relaciones de subordinación asociada al género femenino y profesión no médica, déficit estructural de centros de salud y diferencias generacionales. Conclusión. Develan brechas que viven enfermeras/os en ejercicio de liderazgo, junto a favorecedores. Esto permitirá nutrir planes de estudios de pre y post-grado de enfermería, para propiciar el desarrollo de competencias atingentes a los desafíos actuales, contribuyendo al fortalecimiento del rol sociopolítico de enfermería.

Biomarkers profile and neurobehavioral functioning in pesticide exposed populations in northern Chile.

Background. In Chile, several organophosphates (OP) pesticides banned in other countries are still used for insect control in agriculture. Acute intoxications of agricultural workers frequently occur and they must be notified to the surveillance system of the Ministry of Health. However the impact of chronic and environmental pesticide exposure in the general population has been less studied. Long-term exposure to OP is associated to neurobehavioral impairment and is also considered a risk factor for neurodegenerative pathologies.Methods: We recruited volunteers from rural towns located in northern Chile were agricultural activities are carried on. Volunteers (men and women among 18 and 50 years old, with at least 5 years living in the area or working in agriculture) were classified as environmentally (EE) or occupationally exposed (OE) according to a survey that asked sociodemographic, morbidity and exposure antecedents. Each participant underwent a neuropsychological evaluation using a battery of 21 test that covered areas of memory, attention, executive functions, praxis, psychomotricity and emotion. Inhibition values of blood acetylcholinesterase (AChE) and butyrilcholinesterase (BChE) activities during the spray season were obtained in both exposure groups.Results and Discussion: BChE activity was significantly inhibited in EE and OE, showing the EE group the highest magnitude of inhibition. Frequencies of inhibition above 30% (biological tolerance limit declared by Chilean legislation) indicated that AChE is the most frequently inhibited enzyme in the OE whereas BChE is for EE. In pre-spray neurobehavioral evaluations, the OE group showed the highest frequency of low-performance individuals, followed by the EE group. For the majority of tests, the performance worsened during the spraying season. The most affected domains were memory, executive function, and psychomotricity. Poor associations were found between enzyme activities and neurobehavioral outcomes. Systematic biomonitoring and health outcomes studies are necessary to improve environmental and occupational health policies in Chile.