that of financial capital and banking institutions, in order to guarantee transparency, seriousness and rigor in the administration of financial resources that belong to thousands or millions of persons and to ensure conditions for the administration of these resources that do not affect financial and fiscal stability. All of this points to the need to expand and enhance the State’s regulatory capacity, reinforcing non-judicial monitoring and control entities whose daily task involves determining the rights and obligations of many. 19. Thus, there is a great deal related to the future which is determined in criteria such as that contained in the consistent case law of the Court. An even though, in a judgment such as this one, it does not establish a public policy on the regulation of financial capital, it relates to the need of society and of the markets to strengthen this regulatory capacity. This requires reaffirming and, eventually, expanding the public capacity to determine rights and obligations in this area. Hence, it is important that, in this judgment, the Court consolidate its consistent case law, thereby contributing to establish guarantee-based parameters so that this reinforcement and expansion of regulatory faculties is carried out within clear norms of respect for the rights and guarantees of the individual. Diego García-Sayán Judge Pablo Saavedra Alessandri Secretary 5