THE INTERNATIONAL RESPONSABILITY OF THE ESTATE FOR THE ACTS PRACTICED BY THE STATE FOR THE ACTS PARTITICED BY ITS LEGAL REPRESENTATIVES: ANALYSIS OF THE PINOCHET CASE

Abstract

This article used as a methodology the bibliographic research in which several readings of books on International Law and articles related to Civil Liability of the State were made, seeking to understand how public agents, or government representatives, give rise to Civil Liability of the State and, consequently, the duty of reparation in cases of violation of international legal norms. Objective to understand when public agents, at the international level, by their own acts or decisions of the government, can create these elements that characterize a possible damage attributing responsibility to the State. The interest in International Law and issues related to Human Rights led to a study at the justifiable international level, when the conduct of a public or private agent is invoked for the purpose of accountability, in addition, the work addressed situations in which States can be held responsible for human rights violations. To this end, the so-called Pinochet case is recalled, which raises legal differences, in addition to serious ethical and moral questions, deserving reflection, including in relation to Human Rights, in the sense of questioning whether the Chilean State and institutions such as the Judiciary have been taking responsibility by the dictatorial past.