IV. Conclusion 28. The Court should not lose sight of the fact that its primary function is to hear cases that require the interpretation and application of the provisions of the Convention when these are submitted to it in order to decide whether there has been a violation of a protected right or freedom, and to rule that the injured party should be ensured the enjoyment of his violated right or freedom. In this regard, the Court has a vocation to do justice in concrete cases within the limits established by the law of treaties. But it also has a function of contributing to achieve the purposes of the Convention and that entails responding to the problems from which our societies suffer. It is important to consider that the Court’s legitimacy is founded on the solidity of its reasoning, on its compliance with the law and on the prudence of its rulings. 29. In the instant case, Mr. Casa Nina had to exercise the function of prosecutor without the security of permanence in office owing to the provisional nature of his appointment, which signified the lack of a safeguard to ensure his independence. It is in this regard that this opinion concurs with the judgment and stresses the importance of protecting the performance of public service also as an integral part of labor law, especially taking into account in this case the importance of the independence of prosecutors under the democratic rule of law. Ricardo C. Pérez Manrique Judge Pablo Saavedra Alessandri Secretary 7