DETERMINACIÓN DEL OBJETO DEL LITIGIO EN EL PROCEDIMIENTO COLECTIVO CHILENO DE CONSUMIDORES Y CARGA DE LA PRUEBA DE LAS PRETENSIONES QUE ALLÍ SE CONTROVIERTAN

This work analyzes the determination of the procedural object in the consumers chilean class procedure to demonstrate the need to separate the procedures based on the nature of the interests that are disputed. The ownership of the burden of proof is also analyzed with respect to the infringement and reparation claims whose protection is requested. Objective: In terms of collective consumer claims, our country has systematized a single consecrated procedure for the defense of supra-individual interests with an evident reparatory nature that seeks the individualization of the affected consumers, and without prejudice to the recognition of collective and diffuse interests, in What the practice protects is the category of homogeneous individual interests, which the legislator does not expressly recognize, since the collective procedure has as its main axis the obtaining of individual compensation for consumers. This work analyzes the need to distinguish different forms of reparation according to the nature of the claim being protected. Results: The results show that a lack of dogmatic development on the nature and procedural treatment of collective and diffuse interests results in the scarcity of progress in their various forms of reparation. Methodology: the method used is deductive, through a bibliographic and documentary approach, through the reading of books and specialized scientific articles and also by review of legislation and jurisprudence. Contributions: This study contributes to the Academy by promoting debate; demonstrate the importance of the topic contributed to the necessary distinction of the claims that are protected, contributing to the construction of new solutions.