The Notion of ‘Future Threat’ in Chilean Jurisprudence: Analysis of the Protection Remedy in Defense of Indigenous Territories

Abstract

The environmental crisis is a significant problem impacting our planet, and indigenous territories in Chile also suffer its consequences. The extractivist model, which invades, exploits, and contaminates the Earth, endangers the ways of life and health of indigenous communities. This article aims to critically analyse the notion of 'threat' as interpreted and applied by the Valdivia Court of Appeals in a recent ruling. The case involves a protection claim filed by the Mapuche Huilliche community against the Ministry of Public Works. The court denied the constitutional protection action, and the uniqueness of the decision lies in the concept of threat used by the Court. What's innovative is the idea of a 'future threat' in a preventive manner, meaning the protection claim is filed before the threat materializes. This would expand the scope of the protection remedy. The consequence of using this concept is that it extends the remedy to cases that are not currently covered.