In observance of World Consumer Rights Day, we invite you to read the column by Gonzalo Bravo, our senior associate in the Public Law and Regulated Markets Group, who has analyzed the current legislation in Chile.
World Consumer Rights Day is an occasion that no one should overlook, since, at some point, we all act or will act as consumers. Today in Chile, the regulatory landscape is paradoxical: we have robust legislation, constantly amended and interpreted through circulars, yet the sense of vulnerability persists.
With a National Consumer Service facing a complex institutional crisis, marked by unfinished reforms and a leadership crisis, we must ask ourselves a fundamental question: is it enough to keep adding regulations if the problem of access to substantive solutions remains?
A necessary perspective is to pause and reflect: what options does the consumer truly have left when their rights are violated? What happens when an administrative complaint is met with silence from the company, and the only remaining avenue is to turn to local courts? The answer, in my view, lies precisely in reevaluating this final recourse.
In Chile, local police judges play an essential and democratizing role: bringing justice closer to the people. It is no coincidence that they handle matters with a significant impact on daily life, such as urban planning violations, co-ownership disputes, traffic laws, and, of course, consumer rights.
The vast majority of citizens do not face substantial civil claims for tort liability or multi-million-dollar contracts that would justify lengthy ordinary trials.
People’s real legal problems are those that arise in daily life. These disputes do not require a lengthy legal process, but rather demand agility, immediacy, and, fundamentally, a genuine space for mediation.
Given this scenario, the following question arises: What would happen if, instead of focusing all legislative efforts on strengthening Sernac exclusively with a larger budget or greater enforcement powers, we decided to equip our local police courts with more and better procedural and technological tools?
The suggested answer is clear: not only would we strengthen the actual protection of rights in the marketplace, but collective awareness of the existence of swift and efficient justice would increase significantly.
On this Consumer Day, we are invited to rethink our institutional structure. Local police courts represent the true front line of the administration of justice for the people. Pushing them into the background, or assuming by default that the state’s only response to market imbalances must come from Sernac, is a strategic mistake.
Recognizing and strengthening the role of these courts is, ultimately, the most pragmatic step toward laying the groundwork for a more balanced and conscious society.
Column written by:
Gonzalo Bravo | Senior Associate, Public Law and Regulated Markets Group | gbravo@az.cl
