Judgment · 22 September 2026

Legitimate expectations: Supreme Court orders public official's reinstatement

The non-renewal of a fixed-term public appointment held for over five years was found to lack sufficient justification.

The development

In case No. 11,974-2026, the Supreme Court set aside the non-renewal of a Municipality of Lo Prado official's appointment. She had served for over five years and performed secretarial duties before being assigned to a councillor.

The majority found that the councillor's resignation was insufficient to justify the decision. It ordered reinstatement and payment of wages for the period of separation. There were two dissenting votes.

Why it matters

The judgment highlights the importance of reviewing continuity of fixed-term appointments, the nature of the duties and the specific reasons for termination. Its outcome does not guarantee the same result in other cases.

Sources

Published by Piracés Abogados · 12 October 2026. General information: its scope must be assessed in light of the circumstances of each matter.