La Jurisprudencia de la Corte Suprema de Chile como un Agente Transformador en la Protección de los Derechos de los Migrantes (The Supreme Court of Chile as a Transformative Agent concerning the Protection of Migrants’ Rights)

This paper explains that, for almost a decade, the jurisprudence of the Supreme Court of Justice of Chile has been a leading agent in the protection of the personal liberty of migrants. With this objective, it identifies the eventual violation of the personal liberty of the migrants originated in the application of the immigration law on the occasion of their deportation and the way in which such decisions are reviewed by the Supreme Court via habeas corpus guided by a series of postulates coinciding with the transformative constitutionalism. Undoubtedly, this case law has contributed to the configuration of the Ius Constitutionale Commune en América Latina.