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