Bernardito Bravo con Fisco de Chile. Apuntes sobre la evolución histórica de la responsabilidad patrimonial de la administración del estado de Chile

Abstract

The present article exposes the evolution of the patrimonial responsability of the Chilean State Administration, from the Indian law to the present. It plans, in synthesis, that the Indian law recognized a guarantistic regime of patrimonial responability of the Administration, becoming direct (the imputation affects the Administration, not the functionary) and objective (prescinds, for compromising, of the guilt notion -or service's guilt-), and later, during the Republican law, its juridical mythologies (sovereignty, authority acts, govemment acts, etc.) meaned a firm retrocession about it, bacause they consecrated, totally or partially, the patrimonail irresponsability of the State Administration -and the exclusive responsability of the agent who materially caused the damage-, al1 of which started to revert in the jurisprudence since the case "Bemardino Bravo against Fisco", in 1858, process that concludes in the present time after 150 years (of evolutions and involutions), paradoxically, with the acknowledgment of a regime of patrimonial responability of the Administration with analogous characteristics this institue preseted during the Indian law (second half of the XVIII century).