Derecho al recurso e inconstitucionalidad del inciso segundo del artículo 387 del Código Procesal Penal.

The article analyzes the unconstitutionality of the second paragraph of article 387 of the Criminal Procedure Code in Chile, which establishes restrictions on the right to appeal in cases of final judgments. The jurisprudence of the Inter-American Court of Human Rights and the Constitutional Court on this issue is reviewed, highlighting the recent changes in the jurisprudence of the latter court. The importance of an ordinary and effective appeal, accessible and allowing a comprehensive examination of the appealed decision, is discussed. The Constitutional Court has declared the inapplicability due to unconstitutionality of the second paragraph of article 387 in several judgments, arguing that it restricts the right to defense and violates the right to a fair trial. It is suggested to modify this rule to comply with constitutional and human rights standards. [Extracted from the article]