In the midst of the tensions between the Government of President Gabriel Boric and the Isapres over the Executive’s formula to comply with the Supreme Court ruling, the Minister of Justice, Luis Cordero, specified the scope of the sentence and affirmed that “there is no alternative interpretative” for your application.
Specifically, the head of Justice assured that in this matter 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 regarding the table of factors is clear enough, it is a sentence that has a general application due to its characteristics. The Supreme Court has specifically indicated that this applies to all current contracts,” he said.
“In the clarification that he made, he specified that this was effective as of 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 ” , supplemented.
In view of the above, the Secretary of State commented that “what the Executive has to do is simply comply with that sentence”, since “it is not only obliged”, but also “its authorities cannot be exposed to contempt”.
On the other hand, Minister Cordero addressed the problem from the point of view of the Judiciary, and assured that “since we have the conflict with Isapres, the Judiciary has been extremely congested on this point. What the official figures indicate is 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 the last cases, the Supreme Court has been mainly dedicated to this point. In the majority of the cases of Isapres, these are accepted. 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 foregoing, Cordero ruled 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 this reason, he is working on a bill to make its application viable”.
