文章基本信息

标题：El recurso de queja y la orden de no innovar a propósito del caso Atala
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作者：Juan Carlos Marín González
期刊名称：Revista de Estudios de la Justicia
印刷版ISSN：0718-4735
出版年度：2011
期号：15
页码：pp. 265-284
DOI：10.5354/0718-4735.2011.29482
语种：Spanish
出版社：Universidad de Chile. Facultad de Derecho
摘要：The article criticizes the Supreme Court's ruling by which it accepted a claim lodged through a Queja motion, granting the definite custody of Karen Atala's daughters to their father. In author's opinion, the only reason why the aforementioned ruling deprived the mother of the children's custody is due to her homosexuality. The decision is not only openly discriminatory because of the aforesaid cause, but for using the Queja motion, a motion which was not envisaged for that purpose. Through the Queja motion the Supreme Court was not allowed to alter de valuation of proof, for this power has always been granted in an exclusive manner to first instance judges. In addition, the author questions the abusive use of the no innovar order, which instead of maintaining the statu quo that favored the mother, altered it in a dramatic manner and impeded the fulfillment of the two former rulings which had rejected the custody claim lodged by the father, keeping, in an artificial way, the provisional custody of the children with the father.
其他摘要：The article criticizes the Supreme Court's ruling by which it accepted a claim lodged through a Queja motion, granting the definite custody of Karen Atala's daughters to their father. In author's opinion, the only reason why the aforementioned ruling deprived the mother of the children's custody is due to her homosexuality. The decision is not only openly discriminatory because of the aforesaid cause, but for using the Queja motion, a motion which was not envisaged for that purpose. Through the Queja motion the Supreme Court was not allowed to alter de valuation of proof, for this power has always been granted in an exclusive manner to first instance judges. In addition, the author questions the abusive use of the no innovar order, which instead of maintaining the statu quo that favored the mother, altered it in a dramatic manner and impeded the fulfillment of the two former rulings which had rejected the custody claim lodged by the father, keeping, in an artificial way, the provisional custody of the children with the father.
关键词：Homosexuality;discrimination;provisional remedies;gender;homosexualidad;discriminación;medidas provisionales;género
其他关键词：Homosexuality; discrimination; provisional remedies; gender