After studying in depth, the subject and finding it to be one of the least studied in our legal order, José Alberto Allende wrote the book “The Complaint Resource”, which was published by Ediciones UC in 2019.
As the Allende Bacuñán & Cía.’s explains, “there was a clear need for lawyers and judges to better understand this figure, which was not covered. The complaint appeal is one of the clearest ways in which justice is given today in Chile, and has literally become a vehicle for reaching the Supreme Court and bringing a case to it. This is reflected in the large number of appeals that are declared inadmissible, or rejected, and yet the Supreme Court becomes aware of the substance of their matter, making use of its faculties to act ex officio”.
The book begins with a general presentation on the complaint appeal addressing its origins, regulatory framework and main features. Then it provides a detailed analysis of the current trends of this resource, finally
determines what constitutes a serious misconduct or abuse under the terms set out in the Organic Code of Courts and, therefore, when it is appropriate to the opposition and acceptance of this means of challenge. “The book is ordered and systematized in a clear way, which makes it friendly for consultation. It also has a large number of Supreme Court jurisprudence, which allows to internalize in a series of jurisprudential tendencies of our time” says the author.
José Alberto Allende Pérez de Arce, lawyer of Universidad de Los Andes, graduated with maximum distinction, LL.M. in dispute resolution of University College London (Scholarship Becas Chile – Conicyt). He has several academic publications in the field and is an associate in the legal firm Allende Bascuñán & Cía.