VGC Abogados in defense of professional rights: actions for economic protection against forced retirement at age 75

At VGC Abogados, we have filed economic protection actions before the Court of Appeals of Santiago, San Miguel, Iquique and Chillán, on behalf of Notaries and Real Estate Registrars, with the objective of challenging the rule of the reform to the notarial and registry system that obliges these professionals to cease in their positions for the sole fact of reaching 75 years of age.

What is this about?

The reform to the notary and registry system—introduced under the Sebastián Piñera administration and enacted by Gabriel Boric—imposes a mandatory retirement age of 75 for all court clerks, eliminating the temporary exception in place since 1995 that protected those already employed. Our legal arguments maintain that this provision seriously infringes upon the fundamental right to engage in lawful economic activity, enshrined in Article 19 No. 21 of the Political Constitution of the Republic.

Legal Basis

The legal action is based on the fact that preventing the holders of these licenses from continuing to practice their profession is, in practice and in law, similar to undermining the continuation of a legitimate economic activity currently underway, which is constitutionally prohibited. This is especially true when the justification for excluding them is solely based on reaching a certain age, without any reasonable explanation to justify the measure.

The Problem of Ageism

This case raises an urgent issue: no authority can use the mere fact of having reached a certain age to absolutely prohibit the exercise of professional activities. These are professionals who are in full physical and psychological condition to continue performing a profession they have practiced for more than 40 years. We hope that the judiciary will establish a necessary precedent to begin curbing the painful and unacceptable age discrimination in Chile.

Recognition of our team

We would like to highlight the exceptional work of our Senior Counsel, Patricio Zapata Larraín, and our Litigation Director, Josefa de Jesús Conget Morral, along with their entire team. Their dedication, constitutional rigor, and commitment to defending fundamental rights make this representation possible.

It is time for the law to recognize that age cannot, in itself, be grounds for disqualifying a competent professional from their vocation. Combating ageism is building a more just society.