Suprema - Rol N° 27127-2019

Supreme Court confirms rejection of amparo action by Court of Appeals, as claimant failed to prove violation of liberty or security rights due to insufficient evidence.

• The constitutional action of amparo, regulated by Article 21 of the Political Constitution of the Republic, protects personal liberty and individual security against any act that illegally deprives, perturbs, or threatens these fundamental rights.
• For a constitutional action of amparo to be successful, the claimant must provide evidence (probanzas) that demonstrably proves the existence of a violation, perturbation, or threat to the rights of liberty and personal security.
• The amparo action alleged that police personnel, without a judicial order, approached the amparado's domicile, demanded information aggressively, and allegedly attempted forced entry, constituting an arbitrary act and excessive use of force.
• Investigations revealed that police actions on the date of the alleged i...