Supreme Court confirms that closing a local road with a gate constitutes an act of self-protection and violates due process
The highest court upheld the ruling that established that the installation of a gate that prevents free transit on an interior road constitutes an act of self-protection, by altering a pre-existing de facto situation without a judicial decision, thereby violating the guarantee of due process.
The Court of Concepción upheld the injunction, finding that, although the appellants acted within the limits of their dominion, the installation of the gate constitutes an act of self-protection that arbitrarily alters a pre-existing factual situation, violating the guarantee of due process.
The court reasoned that, even if the appellants claimed to have acted with the consent of other neighbours and with the purpose of improving the security of the sector, they could not by themselves restrict the use of a transit route historically used by the appellants, as the law provides for judicial mechanisms to resolve this type of dispute.
Consequently, it ordered the appellants to keep the road used by the appellants free of obstacles, to refrain from obstructing traffic and to provide keys to the installed gate within 3 days.
On appeal this ruling was upheld by the Supreme Court.
Official documents of the case:
