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We Sue the State of Chile

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Since 2014, forestry contractors have been suffering terrorist violence from armed groups and illicit associations in four regions of the southern part of the country, from Biobío to Los Lagos, the so-called southern macrozone.
The scale of this impact, which has the characteristics of a tragedy for our sector, shows that from five attacks suffered in 2014, we became victims of 89 arson and violent attacks in 2021, and for this year, we project 110 attacks.
The complete picture from January 1, 2014, to September 30, 2022, is as follows: 409 attacks, 1,473 mobile equipment and forestry trucks destroyed, four workers murdered, 50 workers injured, 38,000 workers and their families physically and psychologically assaulted one or more times, 50 out of 107 municipalities without peace in the four regions, and property losses exceeding 167 billion pesos.
We have come to the conviction that, like other victims of this violence—such as agricultural workers, farmers, inhabitants of these territories, entire towns and cities, truck drivers, and police officers—the State made the decision to abandon us to our fate. The State, its authorities, legislators, judges, prosecutors, and police have stepped aside, becoming an inoperative, cowardly, indecisive, timid, innocent, weak, and irresponsible State, incapable of defending citizens who seek to live, work, and produce for that same State and contribute with their services and taxes to improving conditions for the entire country's population. A State that chose the easy and comfortable path, looking the other way and letting events unfold without acting or acting negligently. A State that, to this day, fails to understand that the evil it has allowed to advance unchecked, slowly but steadily, will mean it will take a long time for the relative tranquility we had 10 or 15 years ago to return to the affected territories.
As a trade association, we believe the time has come for the State to answer for what it did not know or did not want to do and to take responsibility for the damages caused. The State failed in its constitutional and legal obligation to guarantee Public Order and Internal Security.
On September 14, 2022, in the 2nd Civil Court of Concepción, we filed a lawsuit for lack of services against the Treasury, based on the fourth paragraph of Article 1 of the Constitution, which states that the State must contribute to creating the social conditions that allow each and every member of the national community to achieve their greatest possible spiritual and material fulfillment, with full respect for constitutional rights and guarantees. It is the State's duty to protect the population.
This lawsuit seeks to have the Treasury ordered to pay the plaintiffs the total damages, property losses—actual damages and lost profits—and moral damages caused by the lack of service during the period from 2018 onward.
On October 5, the 2nd Civil Court of Concepción accepted the lawsuit, declared it admissible, and it is now filed in Santiago de Chile.
The State of Chile owes a debt to forestry contractors.