In the midst of tensions between the government of President Gabriel Boric and the Isapres over the formula of the Executive to comply with the ruling of the Supreme Court, the Minister of Justice, Luis Cordero, specified the scope of the sentence and affirmed that “there is no interpretative alternative” for its application.
Specifically, the head of Justice said that on this issue there are “two things that are relevant.” The first, that “it is not that there is a more burdensome and less burdensome alternative,” and that “what the Executive has to do is simply comply with that sentence.”
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“The ruling of the Supreme Court in terms of the table of factors is clear enough, it is a sentence that has by its characteristics a general application. The Supreme Court has specifically stated that this applies to all contracts in force,” he said.
“In the clarification he made, he specified that this had effects from April 2020, and therefore I want to be very clear: there is no interpretative alternative for the application of this sentence. It is not that there is a more burdensome and less burdensome alternative,” he added.
In view of the above, the Secretary of State commented that “what the Executive has to do is simply comply with that sentence,” since “not only is it obliged,” but “its authorities cannot be exposed to contempt.”
On the other hand, Minister Cordero addressed the problem from the point of view of the Judicial Power, and assured that “since we have the conflict with Isapres, the Judicial Branch has been extremely congested on this point. The official figures indicate that from 2015 onwards, in the case of the Courts of Appeals, more than 66% of the income has been linked to this issue.”
“During recent cases, the Supreme Court has been primarily devoted to this point. In most cases of Isapres, these are welcomed. 80% of the protection appeals filed since the beginning of the conflict with the Isapres are accepted by the judges,” he added.
By virtue of the above, Cordero said that “that is why I want to be very categorical. It is not that there are two interpretations; there is only one, there is a definitive mandate from the Supreme Court and the Executive is obliged to adapt its compliance, and for that it is working on a bill to make its application viable. ”
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