Criteria to determine the compatibility between the invalidatory power and the administra-tive and judicial claims in accordance with the provisions of the final clause of article 17 No. 8 of Law No. 20.600

Abstract

This paper examines the meaning and scope of the closing rule provided in the final paragraph of article 17 N ° 8 of Law No. 20.600. This statute provides that in the event that a complaint is lodged by the project manager and/or by those who partici-pated in the citizen participation process and their observations were not properly consid-ered at the time of approving the project, it will not be possible to exercise the invalidatory power of article 53 of Law No. 19.880 once the administrative and jurisdictional remedies have been resolved or the legal deadlines have elapsed to file them without having been deducted. Thus, the article review the general claims that can be filed to challenge an envi-ronmental authorization; the distinguishing marks of the invalidatory power; the relevant rulings regarding this matter; the legislative history of the statute; and, certain criteria that are proposed for its adequate understanding and compatibility within the Environmental Impact Assessment System.