The construction of the standard in the Estate liability of Gendarmería by the jurisprudence of the Supreme Court

Abstract

The standard of duty of care applicable to the State’s liability for acts of Gendarmería de Chile (Chilean Prison Service) in the jurisprudence of the Supreme Court has not been subject of study to date. The present investigation reviews the decisions of the Supreme Court issued in this matter during the last ten years. For this purpose, the Supreme Court decisions will be classified in accordance to the party that has been subject to damage due to acts of Gendarmeria de Chile. This analysis will consider a fundamental tension in State liability: the contest between general and specific duties of care.