El sumario sanitario y su constitucionalidad visto a los ojos del Tribunal Constitucional (últimos 15 años de jurisprudencia)

The Sanitary Summary (SUMSA), a sanctioning procedure regulated by the Health Code (CS), is being reviewed in light of the Constitutional Court’s (TC) case law issued over the last fifteen years. For this analysis, fifteen TC rulings were examined. This research addresses the legal framework applicable to the Regional Health Secretariats (SEREMIs), their oversight and sanctioning powers, as well as the main stages of the SUMSA (Summer Administrative System). It examines the challenges of unconstitutionality raised against various articles of the SC, focusing on alleged violations of constitutional guarantees such as due process, legality, criminalization, proportionality, and access to justice. In response to these objections, arguments supporting the constitutional validity of the procedure are contrasted, highlighting the supplementary application of Law No. 19,880 and the existence of legal principles that guarantee the rights of the citizen. In conclusion, SUMSA is not unconstitutional per se, provided that its processing respects the principles of the DAS and the guarantees recognized by the legal system. Finally, the study highlights the progressive consolidation of the DAS as an independent discipline within criminal law, albeit open to its doctrinal and guarantee-based influence.