The Chilean Constitutional Court has declared, in several rulings, the unconstitutionality of the second paragraph of Article 387 of the Criminal Procedure Code. According to this paragraph, no appeal may be lodged against the judgment handed down in a new trial that was carried out as a consequence of the decision that granted an appeal, unless the decision in the second trial convicted the defendant while the decision in the first trial had acquitted her. If so, the defendant will be able to file an appeal. This article aims to analyze the reasons why the aforementioned paragraph should be considered unconstitutional since it is contrary to the right to appeal. To this end, this article will review the case law of the Inter-American Court of Human Rights on the right to appeal, as well as the case law of the Chilean Constitutional Court on the constitutionality of the second paragraph of Article 387.