Constitution of Chile

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POLITICAL CONSTITUTION OF THE REPUBLIC OF CHILE

(Unofficial version) Update: December 2019

CHAPTER I INSTITUTIONAL FOUNDATIONS[edit]

Article 1 .- People are born free and equal in dignity and rights.

The family is the fundamental unit of society.

The State recognizes and protects the intermediate groups through which society is organized and structured and guarantees them adequate autonomy to fulfill their own specific purposes.

The State is at the service of the human person and its purpose is to promote the common good, for which it must contribute to create the social conditions that allow each and every member of the national community its greatest possible spiritual and material fulfillment, with full respect for the rights and guarantees established by this Constitution.

It is the duty of the State to protect national security, give protection to the population and the family, tend to strengthen it, promote the harmonious integration of all sectors of the Nation and ensure the right of people to participate with equal opportunities in the national life

Article 2º.- The national flag, the coat of arms of the Republic and the national anthem are national emblems.

Article 3.- The State of Chile is unitary.

The State administration will be functionally and territorially decentralized, or deconcentrated where appropriate, in accordance with the law.

The organs of the State will promote the strengthening of the regionalization of the country and the equitable and solidarity development between the regions, provinces and communes of the national territory.

Article 4.- Chile is a democratic republic.

Article 5.- Sovereignty resides essentially in the Nation. Its exercise is carried out by the people through the plebiscite and periodic elections and, also, by the authorities established by this Constitution. No sector of the town or any individual can attribute its exercise.

The exercise of sovereignty recognizes as a limitation respect for the essential rights that emanate from human nature. It is the duty of the State organs to respect and promote such rights, guaranteed by this Constitution, as well as by the international treaties ratified by Chile and that are in force.

Article 6.- The organs of the State must submit their action to the Constitution and the norms dictated in accordance with it, and guarantee the institutional order of the Republic.

The precepts of this Constitution bind both the owners or members of said bodies and any person, institution or group.

Violation of this rule will generate the responsibilities and penalties determined by law.

Article 7.- The organs of the State act validly prior regular investiture of its members, within its competence and in the manner prescribed by law.

No magistracy, no person or group of persons can be attributed, even under the pretext of extraordinary circumstances, other authority or rights than those expressly conferred upon them under the Constitution or laws.

Any act in contravention of this article is void and will give rise to the responsibilities and sanctions that the law indicates.

Article 8º.- The exercise of public functions obliges its holders to strictly comply with the principle of probity in all their actions.

The acts and resolutions of the State organs, as well as their foundations and the procedures they use, are public. However, only a qualified quorum law may establish the reservation or secrecy of those or of them, when the publicity affects the due fulfillment of the functions of said bodies, the rights of the people, the security of the Nation or the national interest .

The President of the Republic, the Ministers of State, the deputies and senators, and the other authorities and officials that a constitutional organic law indicates, must declare their interests and patrimony in public form.

Said law shall determine the cases and conditions in which these authorities will delegate to third parties the administration of those assets and obligations that imply a conflict of interest in the exercise of their public function. Likewise, it may consider other appropriate measures to resolve them and, in qualified situations, provide for the disposal of all or part of those assets.

Article 9.- Terrorism, in any form, is essentially contrary to human rights.

A qualified quorum law will determine terrorist behavior and its penalty. Those responsible for these crimes will be disqualified for a period of fifteen years to exercise public functions or positions, whether or not they are of popular choice, or as rector or director of education establishment, or to exercise in them teaching functions; to exploit a means of social communication or to be a director or administrator thereof, or to perform functions related to the issuance or dissemination of opinions or information; nor may they be leaders of political organizations or related to education or character

CHAPTER II NATIONALITY AND CITIZENSHIP[edit]

Article 10.- They are Chilean:

1º.- Those born in the territory of Chile, with the exception of the children of foreigners who are in Chile in the service of their Government, and the children of foreign passers-by, all of whom, however, may opt for Chilean nationality ;

2º.- The children of a Chilean father or mother, born in foreign territory. However, it will be required that any of their ascendants in a straight line of first or second degree, have acquired Chilean nationality by virtue of what is established in the numbers 1, 3 or 4;

3º.- Foreigners who obtained a nationalization letter in accordance with the law, and

4º.- Those who obtained special grace of nationalization by law.

The law will regulate the option procedures for Chilean nationality; of granting, refusal and cancellation of nationalization letters, and the formation of a record of all these acts.

Article 11.- Chilean nationality is lost:

1º.- By voluntary resignation manifested before the competent Chilean authority. This waiver will only take effect if the person has previously been nationalized in a foreign country;

2º.- By supreme decree, in case of provision of services during a foreign war to enemies of Chile or its allies;

3º.- By cancellation of the nationalization letter, and

4º.- By law that revokes the nationalization granted by grace.

Those who have lost Chilean nationality for any of the causes established in this article, may only be rehabilitated by law.

Article 12.- The person affected by an act or resolution of administrative authority that deprives it of its Chilean nationality or is unknown, may resort, by itself or by anyone to his name, within thirty days, before the Supreme Court, which you will know as a jury and in full court. The appeal will suspend the effects of the act or resolution appealed.

Article 13.- Chileans who have reached eighteen years of age and who have not been sentenced to distress are citizens.

The quality of citizen grants the rights of suffrage, to elect to positions of popular election and the others that the Constitution or the law confer.

Citizens with the right to vote outside the country may vote from abroad in the presidential primary elections, in the elections of President of the Republic and in national referendums. A constitutional organic law will establish the procedure to materialize the registration in the electoral register and will regulate the way in which electoral and plebiscitary processes will be carried out abroad, in accordance with the provisions of the first and second subsections of article 18.

In the case of the Chileans referred to in numbers 2 and 4 of article 10, the exercise of the rights conferred upon them by citizens will be subject to having been settled in Chile for more than one year.

Article 14.- Foreigners resident in Chile for more than five years, and who meet the requirements indicated in the first paragraph of article 13, may exercise the right to vote in cases and forms determined by law.

Those nationalized in accordance with No. 3 of article 10 will have the option of public office of popular election only after five years of being in possession of their nationalization letters.

Article 15.- In popular voting, the vote shall be personal, egalitarian, secret and voluntary.

Only popular voting may be called for the elections and referendums expressly provided for in this Constitution.

Article 16.- The right to vote is suspended:

1º.- By interdiction in case of dementia;

2º.- Because the person is accused of a crime that deserves affliction or a crime that the law qualifies as terrorist conduct, and

3º.- For having been sanctioned by the Constitutional Court in accordance with the seventh subsection of number 15 of article 19 of this Constitution. Those who for this reason are deprived of the exercise of the right to vote will recover it within five years, as of the Court's statement. This suspension shall not produce another legal effect, without prejudice to the provisions of the seventh subsection of number 15 of article 19.

Article 17.- The quality of citizen is lost:

1º.- For loss of Chilean nationality;

2º.- By condemnation of affliction, and

3º.- For conviction for crimes that the law qualifies as terrorist conduct and those related to drug trafficking and that have also deserved affliction.

Those who have lost citizenship for the cause indicated in the number 2, will recover it in accordance with the law, once their criminal responsibility is extinguished. Those who have lost it for the reasons provided in number 3 may request their rehabilitation to the Senate once the sentence is completed.

Article 18.- There will be a public electoral system. A constitutional organic law will determine its organization and operation, regulate the way in which electoral and plebiscitary processes will be carried out, in everything not provided for by this Constitution and will always guarantee full equality between independents and members of political parties both in the presentation of applications as in their participation in the aforementioned processes. This law will also establish a system of financing, transparency, limit and control of electoral spending.

A constitutional organic law will also include an electoral registration system, under the direction of the Electoral Service, which will be incorporated, by the only ministry of law, who meet the requirements established by this Constitution.

The protection of public order during electoral and plebiscitary acts shall correspond to the Armed Forces and Police officers in the manner indicated by law.

CHAPTER III CONSTITUTIONAL RIGHTS AND DUTIES[edit]

Article 19.- The Constitution assures all persons:

1º.- The right to life and to the physical and psychic integrity of the person.

The law protects the life of the unborn.

The death penalty may only be established for a crime contemplated in a law passed with a qualified quorum.

The application of all illegitimate constraints is prohibited;

2º.- Equality before the law. In Chile there is no privileged person or group. In Chile there are no slaves and whoever steps on their territory is free. Men and women are equal before the law.

Neither the law nor any authority may establish arbitrary differences;

3º.- The equal protection of the law in the exercise of their rights.

Everyone has the right to legal defense in the manner indicated by law and no authority or individual may prevent, restrict or disturb the proper intervention of the lawyer if it had been required. In the case of members of the Armed Forces and of Public Order and Security, this right shall be governed, as regards administrative and disciplinary matters, by the pertinent norms of their respective statutes.

The law will arbitrate the means to grant legal advice and defense to those who cannot seek them themselves. The law will indicate the cases and establish the way in which the natural persons victims of crimes will have free legal advice and defense, in order to exercise the criminal action recognized by this Constitution and the laws.

Every person accused of crime has an inalienable right to be assisted by a defense attorney provided by the State if I do not appoint one at the opportunity established by law.

No one may be tried by special commissions, except by the court that will indicate the law and that will be established by it before the perpetration of the act.

Any judgment of an organ that exercises jurisdiction must be based on a prior process legally processed. It will be up to the legislator to always establish the guarantees of a rational and fair procedure and investigation.

The law may not presume criminal liability by law.

No offense shall be punished with a penalty other than that indicated by a law promulgated prior to its perpetration, unless a new law favors the affected party.

No law may establish penalties without the conduct being sanctioned expressly described therein;

4º.- The respect and protection to the private life and to the honor of the person and his family, and also, the protection of his personal data. The processing and protection of these data will be carried out in the manner and conditions determined by law;

5th.- The inviolability of the home and all forms of private communication. The home can only be searched and private communications and documents intercepted, opened or registered in cases and forms determined by law;

6º.- The freedom of conscience, the manifestation of all beliefs and the free exercise of all cults that do not oppose morality, good customs or public order.

Religious confessions may erect and preserve temples and their dependencies under the conditions of safety and hygiene set by laws and ordinances.

Churches, confessions and religious institutions of any cult will have the rights that grant and recognize, with respect to property, the laws currently in force. Temples and their dependencies, destined exclusively for the service of a cult, will be exempt from all kinds of contributions;

7º.- The right to personal freedom and individual security.

In consecuense:

a) Everyone has the right to reside and remain in any place of the Republic, move from one to another and enter and leave their territory, on condition that the rules established in the law are kept and always save the damage of third parties;

b) No one may be deprived of his or her personal liberty or restricted, except in the cases and in the manner determined by the Constitution and laws;

c) No one can be arrested or detained except by order of a public official expressly authorized by law and after said order is legally intimidated. However, the person caught in flagrante delicto may be arrested, with the sole purpose of being made available to the competent judge within the next twenty-four hours.

If the authority has someone arrested or detained, they must, within forty-eight hours, notify the competent judge, making the affected party available. The judge may, by well-founded resolution, extend this period up to five days, and up to ten days, in the event that acts qualified by law as terrorist conduct are investigated;

d) No one can be arrested or detained, subject to pretrial detention or imprisonment, except at home or in public places intended for this purpose.

Prison officers cannot receive anybody as a Reserved or detained, prosecuted or imprisoned, without leaving a record of the corresponding order, issued by an authority that has legal power, in a registry that will be public.

No solitary confinement can prevent the officer in charge of the detention house from visiting the arrested or detained, prosecuted or incarcerated person. This official is obliged, whenever the arrested or detained requires it, to transmit to the competent judge the copy of the arrest warrant, or to claim that such copy be given, or to give himself a certificate of the individual being detained, if at the time of his detention this requirement would have been omitted;

e) The defendant's freedom will proceed unless the detention or preventive detention is considered by the judge as necessary for investigations or for the security of the offended party or society. The law will establish the requirements and modalities to obtain it.

The appeal of the resolution pronounced on the freedom of the accused for the crimes referred to in article 9, will be known by the appropriate higher court, composed exclusively of full members. The resolution that approves or grants it will need to be agreed unanimously. While the freedom lasts, the accused will always be subject to the surveillance measures of the authority that the law contemplates;

f) In criminal cases, the accused or accused cannot be forced to declare under oath on his or her own act; nor may they be obliged to declare against them their ascendants, descendants, spouses and other persons who, according to the cases and circumstances, state the law;

g) The penalty of confiscation of property may not be imposed, without prejudice to the confiscation in the cases established by law; but such penalty shall be applicable with respect to illegal associations;

h) The loss of pension rights may not be applied as a penalty, and

i) Once a final dismissal or acquittal has been issued, the one who has been subjected to prosecution or convicted in any instance by resolution that the Supreme Court declares unjustifiably erroneous or arbitrary, shall have the right to be compensated by the State for the patrimonial and moral damages that I have suffered. The compensation will be determined judicially in brief and summary procedure and in it the evidence will be assessed in conscience;

8º.- The right to live in an environment free of contamination. It is the duty of the State to ensure that this right is not affected and safeguard the preservation of nature.

The law may establish specific restrictions on the exercise of certain rights or freedoms to protect the environment;

9º.- The right to health protection.

The State protects the free and equal access to the actions of promotion, protection and recovery of the health and rehabilitation of the individual.

It will also be responsible for the coordination and control of health-related actions.

It is the State's preferential duty to guarantee the execution of health actions, whether they are provided through public or private institutions, in the manner and conditions determined by law, which may establish mandatory contributions.

Each person will have the right to choose the health system they wish to benefit from, whether state or private;

10º.- The right to education.

Education is aimed at the full development of the person at different stages of his life.

Parents have the preferred right and duty to educate their children. The State shall grant special protection to the exercise of this right.

For the State it is mandatory to promote preschool education, for which it will finance a free system from the lower middle level, aimed at ensuring access to it and its higher levels. The second level of transition is mandatory, being a requirement for entry to basic education.

Basic education and secondary education are mandatory, and the State must finance a free system for this purpose, aimed at ensuring access to them for the entire population. In the case of secondary education, this system, in accordance with the law, will be extended until the age of 21.

It will also correspond to the State to promote the development of education at all levels; Stimulate scientific and technological research, artistic creation and the protection and increase of the cultural heritage of the Nation.

It is the duty of the community to contribute to the development and improvement of education;

11º.- Freedom of education includes the right to open, organize and maintain educational establishments.

Freedom of education has no other limitations than those imposed by morals, good customs, public order and national security.

Officially recognized education cannot be oriented to propagate any partisan political tendency.

The parents have the right to choose the teaching establishment for your children.

A constitutional organic law will establish the minimum requirements that must be demanded in each of the levels of basic and secondary education and will indicate the objective norms, of general application, that allow the State to ensure compliance. Said law, in the same way, will establish the requirements for the official recognition of educational establishments of all levels;

12º.- The freedom to express an opinion and to inform, without prior censorship, in any form and by any means, without prejudice to responding to the crimes and abuses committed in the exercise of these freedoms, in accordance with the law, which must be a qualified quorum.

In no case may the law establish a state monopoly over social media.

Every natural or legal person offended or unfairly referred to by any means of social communication, has the right to have his statement or rectification disseminated free of charge, under the conditions determined by law, by the means of social communication in which such information had been issued.

Every natural or legal person has the right to found, edit and maintain newspapers, magazines and newspapers, under the conditions established by law.

The State, those universities and other persons or entities determined by law, may establish, operate and maintain television stations.

There will be a National Television Council, autonomous and with legal personality, responsible for ensuring the proper functioning of this means of communication. A qualified quorum law shall indicate the organization and other functions and powers of said Board.

The law will regulate a rating system for the exhibition of film production;

13º.- The right to assemble peacefully without prior permission and without weapons.

Meetings in squares, streets and other places of public use will be governed by the general police provisions;

14.- The right to submit requests to the authority, on any matter of public or private interest, without any other limitation than to proceed in respectful and convenient terms;

15.- The right to associate without prior permission.

To enjoy legal personality, associations must be established in accordance with the law.

No one can be forced to belong to an association.

Associations contrary to morals, public order and state security are prohibited.

Political parties may not intervene in activities outside their own or have any privilege or monopoly of citizen participation; the list of its militants will be registered in the state electoral service, which will keep its reservation, which will be accessible to the militants of the respective party; your accounting must be public; the sources of its financing may not come from money, assets, donations, contributions or credits of foreign origin; its statutes must contemplate the norms that ensure an effective internal democracy. A constitutional organic law will establish a system of primary elections that may be used by said parties for the nomination of candidates for positions of popular election, whose results will be binding for these collectivities, except for the exceptions established by said law. Those who are not elected in the primary elections may not be candidates, in that election, to the respective office. A constitutional organic law will regulate the other matters that concern them and the sanctions that will be applied for the breach of their precepts, within which they may consider their dissolution. The associations, movements, organizations or groups of people who pursue or carry out activities of the political parties without complying with the previous norms are illegal and will be sanctioned according to the aforementioned constitutional organic law.

The Political Constitution guarantees political pluralism. Parties, movements or other forms of organization whose objectives, acts or behaviors do not respect the basic principles of the democratic and constitutional regime, seek the establishment of a totalitarian system, as well as those that use violence, advocate or incite it, are unconstitutional. to her as a method of political action. It will be up to the Constitutional Court to declare this unconstitutionality.

Without prejudice to the other sanctions established in the Constitution or in the law, persons who have participated in the events that motivate the declaration of unconstitutionality referred to in the preceding paragraph, may not participate in the formation of other political parties, movements or other forms of political organization, neither to elect public offices of popular election nor to perform the positions mentioned in numbers 1) to 6) of article 57, for a term of five years, counted since the decision of the Court. If at that date the referred persons were in possession of the functions or charges indicated, they will lose them in full.

Persons sanctioned under this provision may not be subject to rehabilitation during the period indicated in the preceding paragraph. The duration of the disabilities contemplated in said subsection shall be doubled in case of recidivism;

16º.- Freedom of work and its protection.

Everyone has the right to free hiring and free choice of work with a fair remuneration.

Any discrimination that is not based on personal capacity or suitability is prohibited, notwithstanding the fact that the law may require Chilean nationality or age limits for certain cases.

No kind of work can be prohibited, unless it is opposed to public morals, safety or public health, or as required by national interest and a law declares it so. No law or provision of public authority may require affiliation to any organization or entity as a requirement to develop a particular activity or work, or disenrollment to stay in them. The law will determine the professions that require a university degree or degree and the conditions that must be met to exercise them. Professional associations constituted in accordance with the law and that relate to such professions, will be empowered to hear about the claims that are brought about the ethical conduct of their members. Against their resolutions may be appealed to the respective Court of Appeals. Non-associated professionals will be judged by the special courts established by law.

Collective bargaining with the company in which they work is a right of workers, except in cases where the law does not expressly permit negotiation. The law will establish the modalities of collective bargaining and the appropriate procedures to achieve a fair and peaceful solution. The law will indicate the cases in which collective bargaining must be submitted to compulsory arbitration, which will correspond to special courts of experts whose organization and powers will be established therein.

State and municipal officials cannot go on strike. Nor can people who work in corporations or companies, regardless of their nature, purpose or function, who serve public utility services or whose paralysis cause serious damage to health, the economy of the country, the supply of the population or national security The law will establish the procedures to determine the corporations or companies whose workers will be subject to the prohibition established in this subsection;

17.- Admission to all public functions and jobs, without other requirements than those imposed by the Constitution and laws;

18º.- The right to social security.

The laws that regulate the exercise of this right will be of qualified quorum.

The State's action will be aimed at guaranteeing the access of all inhabitants to the enjoyment of uniform basic benefits, whether they are granted through public or private institutions. The law may establish mandatory quotes.

The State shall supervise the adequate exercise of the right to social security;

19º.- The right to organize in cases and as indicated by law. Union membership will always be voluntary.

The trade union organizations shall enjoy legal personality by the mere fact of registering their statutes and constitutive acts in the manner and conditions determined by law.

The law will contemplate the mechanisms that ensure the autonomy of these organizations. Trade union organizations may not intervene in partisan political activities;

20.- The same distribution of taxes in proportion to income or in the progression or form established by law, and the same distribution of other public charges.

In no case may the law establish taxes that are manifestly disproportionate or unfair.

The taxes that are collected, whatever their nature, will enter the patrimony of the Nation and may not be affected to a specific destination.

However, the law may authorize that certain taxes may be affected for purposes of national defense. Likewise, it may authorize that those who encumber activities or goods that have a clear regional or local identification can be applied, within the frameworks indicated by the same law, by regional or communal authorities for the financing of development works;

21º.- The right to develop any economic activity that is not contrary to morality, public order or national security, respecting the legal norms that regulate it.

The State and its agencies may carry out business activities or participate in them only if a qualified quorum law authorizes them. In In such cases, these activities will be subject to the common legislation applicable to individuals, without prejudice to the exceptions established by law for justified reasons, which must also be a qualified quorum;

22º.- Non-arbitrary discrimination in the treatment that the State and its organizations must give in economic matters.

Only by virtue of a law, and provided that it does not mean such discrimination, may certain direct or indirect benefits be authorized in favor of any sector, activity or geographical area, or establish special levies that affect one or the other. In the case of franchises or indirect benefits, the estimation of the cost of these must be included annually in the Budget Law;

23º.- The freedom to acquire mastery of all kinds of goods, except those that nature has made common to all men or that must belong to the entire Nation and the law declares it so. The foregoing is without prejudice to what is prescribed in other precepts of this Constitution.

A qualified quorum law and when required by the national interest may establish limitations or requirements for the acquisition of ownership of some assets;

24º.- The right of ownership in its diverse species over all kinds of corporeal or incorporeal goods.

Only the law can establish the way to acquire the property, to use, enjoy and dispose of it and the limitations and obligations that derive from its social function. This includes everything required by the general interests of the Nation, national security, public utility and health and the conservation of environmental heritage.

No one may, in any case, be deprived of their property, of the property on which it rests or of any of the essential attributes or powers of the domain, except by virtue of general or special law authorizing expropriation due to public utility or interest. national, qualified by the legislator. The expropriated may claim the legality of the expropriatory act before the ordinary courts and shall always be entitled to compensation for the property damage actually caused, which shall be fixed by mutual agreement or in a sentence issued pursuant to law by said courts.

In the absence of agreement, the compensation must be paid in cash.

The material possession of the expropriated property will take place after payment of the total compensation, which, in the absence of agreement, will be provisionally determined by experts in the manner indicated by law. In the case of a claim about the origin of the expropriation, the judge may, with the merit of the antecedents that are invoked, decree the suspension of the inauguration.

The State has the absolute, exclusive, inalienable and imprescriptible domain of all mines, including covaderas, metal sands, salt flats, coal and hydrocarbon deposits and other fossil substances, with the exception of surface clays, not Despite the property of natural or legal persons on the lands in whose entrails they are located. Superficial properties will be subject to the obligations and limitations that the law indicates to facilitate the exploration, exploitation and benefit of said mines.

It is up to the law to determine which substances of those referred to in the preceding paragraph, except for liquid or gaseous hydrocarbons, may be subject to exploration or exploitation concessions. These concessions will always be constituted by judicial resolution and will have the duration, will confer the rights and will impose the obligations that the law expresses, which will have the character of constitutional organic. The mining concession obliges the owner to develop the activity necessary to satisfy the public interest that justifies its granting. Its amparo regime will be established by said law, will tend directly or indirectly to obtain compliance with that obligation and will contemplate grounds for expiration in the case of non-compliance or of simple extinction of the domain over the concession. In any case, these causes and their effects must be established at the time the concession is granted.

It shall be the exclusive competence of the ordinary courts of justice to declare the termination of such concessions. Disputes that occur regarding the expiration or termination of ownership over the concession will be resolved by them; and in case of expiration, the affected party may require justice to declare his right of subsistence.

The domain of the holder over his mining concession is protected by the constitutional guarantee that this number is about.

The exploration, exploitation or benefit of the deposits that contain substances not subject to concession may be executed directly by the State or its companies, or through administrative concessions or special operating contracts, with the requirements and under the conditions that the President of the Republic sets, for each case, by supreme decree. This rule shall also apply to deposits of any species existing in sea waters subject to national jurisdiction and to those located, in whole or in part, in areas that, according to the law, are determined to be of importance for national security. The President of the Republic may terminate, at any time, without expression of cause and with the corresponding compensation, administrative concessions or operating contracts related to farms located in areas declared of importance for national security.

The rights of individuals over water, recognized or constituted in accordance with the law, will grant their owners ownership over them;

25º.- The freedom to create and disseminate the arts, as well as the author's right over their intellectual and artistic creations of any kind, for as long as the law indicates and which will not be less than the life of the owner.

Copyright includes the ownership of works and other rights, such as paternity, editing and integrity of the work, all in accordance with the law.

Industrial property is also guaranteed on invention patents, trademarks, models, technological processes or other similar creations, for the time established by law.

It shall be applicable to the property of intellectual and artistic creations and to industrial property as prescribed in the second, third, fourth and fifth subsections of the previous number, and

26º.- The security that the legal precepts that by mandate of the Constitution regulate or complement the guarantees that it establishes or that limit them in the cases in which it authorizes it, will not be able to affect the rights in their essence, nor impose conditions, taxes or requirements that prevent their free exercise.

Article 20.- Those who, due to arbitrary or illegal acts or omissions, suffer deprivation, disturbance or threat in the legitimate exercise of the rights and guarantees established in article 19, numbers 1st, 2nd, 3rd fifth, 4th, 5th, 6th , 9th final paragraph, 11th, 12th, 13th, 15th, 16th in relation to freedom of work and the right to free choice and free contracting, and to what is established in the fourth, 19th, 21st, 22nd, 23rd, 24 °, and 25 ° may occur by itself or by anyone in its name, to the respective Court of Appeals, which shall immediately adopt the measures deemed necessary to re-establish the rule of law and ensure due protection of the affected party, without prejudice to the other rights that may be asserted before the corresponding authority or courts.

The appeal for protection will also proceed in the case of No. 8 of article 19, when the right to live in a pollution-free environment is affected by an illegal act or omission attributable to a particular authority or person.

Article 21.- Any individual who is arrested, detained or imprisoned in violation of the provisions of the Constitution or laws, may occur by himself, or by anyone in his name, to the magistracy indicated by law, in order to that this order be kept legal formalities and immediately adopt the measures deemed necessary to restore the rule of law and ensure due protection of the affected.

That magistracy may order that the individual be brought to his presence and his decree will be precisely obeyed by all those in charge of prisons or places of detention. Instructed of the antecedents, he will decree his immediate freedom or he will make repair the legal defects or he will put the individual at the disposition of the competent judge, proceeding in all briefly and summarily, and correcting those defects by himself or giving account to who corresponds to correct them .

The same resource, and in the same way, may be deducted in favor of any person who illegally suffers any other deprivation, disturbance or threat in his right to personal liberty and individual security. The respective magistracy will dictate in such case the measures indicated in the previous paragraphs that it deems conducive to reestablish the rule of law and ensure the adequate protection of the affected party.

Article 22.- Every inhabitant of the Republic owes respect to Chile and its national emblems.

Chileans have a fundamental duty to honor the country, to defend their sovereignty and to contribute to preserving national security and the essential values ​​of the Chilean tradition.

Military service and other personal charges imposed by law are mandatory in the terms and forms determined by the law.

Chileans in a state of carrying weapons must be registered in the Military Registries, if they are not legally exempted.

Article 23.- The intermediate groups of the community and their leaders who misuse the autonomy that the Constitution recognizes, improperly intervening in activities outside their specific purposes, they will be sanctioned in accordance with the law. Senior management positions of trade organizations are incompatible with senior management positions, national and regional, of political parties.

The law shall establish the sanctions that apply to trade union leaders who intervene in partisan political activities and to political party leaders who interfere in the operation of trade union organizations and other intermediate groups that the law itself indicates.

CHAPTER IV GOVERNMENT[edit]

Republic President

Article 24.- The government and the administration of the State correspond to the President of the Republic, who is the Head of State.

Its authority extends to everything that has as its object the preservation of public order inside and the external security of the Republic, in accordance with the Constitution and laws.

On June 1 of each year, the President of the Republic will inform the country of the administrative and political state of the Nation before the Plenary Congress.

Article 25.- To be elected President of the Republic, it is required to have Chilean nationality in accordance with the provisions of numbers 1 or 2 of article 10; be thirty-five years old and have the other qualities necessary to be a citizen with the right to vote.

The President of the Republic will last in the exercise of his functions for a term of four years and may not be re-elected for the following period.

The President of the Republic may not leave the national territory for more than thirty days or counting the day indicated in the first paragraph of the following article, without the agreement of the Senate.

In any case, the President of the Republic will notify the Senate with due anticipation of his decision to leave the territory and the reasons that justify it.

Article 26.- The President of the Republic shall be elected by direct vote and by an absolute majority of the votes cast validly. The election shall be carried out jointly with that of parliamentarians, in the manner determined by the respective constitutional organic law, on the third Sunday of November of the year prior to that in which the one in office must cease in office.

If more than two candidates are present at the election of the President of the Republic and none of them obtains more than half of the validly cast votes, a second vote shall be taken which shall be limited to the candidates who have obtained the two highest majorities relative and in it will be elected that one of the candidates that obtains the greater number of suffrages. This new vote shall be verified, in the manner determined by law, on the fourth Sunday after the first one.

For the purposes of the provisions of the two preceding paragraphs, the blank and null votes shall be considered as not cast.

In the event of the death of one or both candidates referred to in the second subparagraph, the President of the Republic shall call a new election within a period of ten days, counted from the date of death. The election will be held ninety days after the call if that day corresponds to a Sunday. If this is not the case, she will be held on the following Sunday.

If the mandate of the President of the Republic in office before the date of assumption of the President chosen in accordance with the preceding paragraph expires, the rule contained in the first paragraph of article 28 shall apply.

Article 27.- The process of qualifying the presidential election must be completed within the following fifteen days in the case of the first vote or within the following thirty days in the case of the second vote.

The Qualifying Court of Elections shall immediately notify the President of the Senate of the proclamation of President-elect that he has made.

The Plenary Congress, meeting in public session on the day in which the acting President and with the members attending shall cease to be in office, shall take cognizance of the resolution under which the Qualifying Court of Elections proclaims the President-elect.

In this same act, the President-elect will render before the President of the Senate, oath or promise to faithfully perform the office of President of the Republic, preserve the independence of the Nation, keep and keep the Constitution and laws, and immediately assume its functions.

Article 28.- If the President-elect is prevented from taking office, he will assume, meanwhile, with the title of Vice President of the Republic, the President of the Senate; in the absence of this, the President of the Chamber of Deputies, and in the absence of this, the President of the Supreme Court.

However, if the impediment of the President-elect is absolute or should last indefinitely, the Vice President, within ten days following the agreement of the Senate adopted in accordance with Article 53 No. 7, will convene a new presidential election to be held ninety days after the call if that day corresponds to a Sunday. If this is not the case, she will be held on the following Sunday. The President of the Republic thus elected will assume his functions at the time indicated by that law, and will last in the exercise of them until the day in which he would have been assigned to cease in office the elect he could not assume and whose impediment had motivated the new choice.

Article 29.- If due to temporary disability, it is due to illness, absence of the territory or other serious motive, the President of the Republic will not be able to exercise his position, he will subrogate, with the title of Vice President of the Republic, the titular Minister to whom he corresponds in accordance with the order of legal precedence. In the absence of this, the subrogation will correspond to the Minister that follows in that order of precedence and, in the absence of all of them, the President of the Senate, the President of the Chamber of Deputies and the President of the Supreme Court will successively subrogate him.

In case of vacancy of the office of President of the Republic, the subrogation will take place as in the situations of the previous subsection, and a successor will be chosen in accordance with the rules of the following subsections.

If the vacancy occurs less than two years before the next presidential election, the President will be elected by the Plenary Congress by the absolute majority of senators and deputies in office. The election by the Congress will be made within ten days after the vacancy date and the elected one will assume his position within the following thirty days.

If the vacancy occurs within two years or more for the next presidential election, the Vice President, within the first ten days of his term, shall summon the citizens to the presidential election for one hundred and twenty days after the call, if that day corresponds to a Sunday. If this is not the case, she will be held on the following Sunday. The President who is elected will take office on the tenth day after his proclamation.

The President elected in accordance with any of the preceding paragraphs shall remain in office until the period remaining for those who are replaced and may not run as a candidate for the next presidential election.

Article 30.- The President shall cease his office on the same day that his period is completed and the newly elected shall succeed.

Anyone who has held this position for the entire period will immediately assume the full dignity of the former President of the Republic.

By virtue of this quality, the provisions of the second, third and fourth subsections of article 61 and article 62 shall apply.

It will not reach the citizen who comes to occupy the position of President of the Republic for vacancy of the Republic or who has been convicted in political trial followed against him.

The former President of the Republic who assumes any remunerated function with public funds, will cease, as long as he performs it, to receive the diet, maintaining, in any case, the jurisdiction. Teaching jobs and functions or commissions of equal character of higher, secondary and special education are excluded.

Article 31.- The President appointed by the Plenary Congress or, where appropriate, the Vice President of the Republic shall have all the powers conferred by this Constitution on the President of the Republic.

Article 32.- Special powers of the President of the Republic are:

1º.- Concurring to the formation of the laws according to the Constitution, sanctioning and promulgating them;

2º.- Request, indicating the reasons, that any of the branches of the National Congress be cited in session. In that case, the session should be held as soon as possible;

3º.- To dictate, previous delegation of powers of the Congress, decrees with force of law on the matters that the Constitution indicates;

4º.- Convene a plebiscite in the cases of article 128;

5º.- Declare the states of constitutional exception in the cases and forms indicated in this Constitution;

6º.- To exercise the regulatory power in all those matters that are not proper to the legal domain, without prejudice to the power to dictate the other regulations, decrees and instructions that it deems appropriate for the execution of the laws;

7º.- Appoint and remove at will the Ministers of State, undersecretaries, regional presidential delegates and provincial presidential delegates;

8º.- Appoint diplomatic ambassadors and ministers, and representatives before international organizations. Both these officials and those indicated in No. 7 above will be of the exclusive confidence of the President of the Republic and will remain in their positions while they have it;

9º.- Appoint the Comptroller General of the Republic with the agreement of the Senate;

10.- Appoint and remove the officials that the law calls as their exclusive trust and provide other civilian jobs in accordance with the law. The removal of the other officials will be done according to the provisions it determines;

11º.- Grant retirement, retirement, montepíos and grace pensions, in accordance with the laws;

12º.- Appoint the magistrates and judicial prosecutors of the Courts of Appeals and the justices, at the proposal of the Supreme Court and the Courts of Appeals, respectively; to the members of the Constitutional Court that corresponds to designate; and the magistrados and judicial prosecutors of the Supreme Court and the National Prosecutor, at the proposal of said Court and with the agreement of the Senate, all in accordance with the provisions of this Constitution;

13º.- Ensure the ministerial conduct of the judges and other employees of the Judiciary and require, for that purpose, the Supreme Court so that, if appropriate, declare their misconduct, or the public ministry, to claim disciplinary measures from competent court, or so that, if there is enough merit, bring the corresponding accusation;

14.- Grant particular pardons in cases and forms determined by law. The pardon will be inadmissible as long as no executory sentence has been issued in the respective process. Officials accused by the Chamber of Deputies and convicted by the Senate can only be pardoned by Congress;

15º.- Conduct political relations with foreign powers and international organizations, and carry out negotiations; conclude, sign and ratify the treaties it deems appropriate for the interests of the country, which must be submitted to the approval of the Congress in accordance with the provisions of article 54 No. 1. Discussions and deliberations on these objects will be secret if the President of the Republic so demands;

16º.- Designate and remove the Commanders-in-Chief of the Army, the Navy, the Air Force and the General Director of Police in accordance with article 104, and provide for the appointments, promotions and withdrawals of the Officers of the Armed Forces and of Carabineros in the manner indicated in article 105;

17º.- Have the air, sea and land forces, organize and distribute them according to the needs of national security;

18º.- Assume, in case of war, the supreme leadership of the Armed Forces;

19º.- Declare war, after authorization by law, and must record the hearing of the National Security Council, and

20º.- Take care of the collection of public revenues and decree your investment according to the law. The President of the Republic, with the signature of all State Ministers, may decree payments not authorized by law, to meet urgent needs arising from public calamities, external aggression, internal commotion, serious damage or danger to national security. or the depletion of resources destined to maintain services that cannot be stopped without serious damage to the country. The total number of drafts made with these objects may not exceed two percent (2%) annually of the amount of expenses authorized by the Budget Law. Employees may be hired under this same law, but without the respective item being increased or decreased through transfers. The Ministers of State or officials who authorize or prosecute expenses that contravene the provisions of this number will be jointly and severally liable for their refund, and guilty of the crime of embezzlement of public flows.

State Ministers


Article 33.- The Ministers of State are the direct and immediate collaborators of the President of the Republic in the government and administration of the State.

The law will determine the number and organization of the Ministries, as well as the order of precedence of the incumbent Ministers.

The President of the Republic may entrust to one or more Ministers the coordination of the work that corresponds to the Secretaries of State and the Government's relations with the National Congress.

Article 34.- To be appointed Minister, you must be Chilean, be twenty-one years old and meet the general requirements for entering the Public Administration.

In cases of absence, impediment or resignation of a Minister, or when for another reason the vacancy of the office occurs, it will be replaced in the manner established by law.

Article 35.- The regulations and decrees of the President of the Republic must be signed by the respective Minister and will not be obeyed without this essential requirement.

The decrees and instructions may be issued with the sole signature of the respective Minister, by order of the President of the Republic, in accordance with the regulations established by law.

Article 36.- The Ministers shall be individually responsible for the acts they sign and jointly and severally for those who subscribe or agree with the other Ministers.

Article 37.- The Ministers may, when they deem it convenient, attend the sessions of the Chamber of Deputies or the Senate, and take part in their discussions, preferably to speak, but without the right to vote. During the vote, however, they may rectify the concepts issued by any deputy or senator when they base their vote.

Notwithstanding the foregoing, Ministers must personally attend the special sessions that the Chamber of Deputies or the Senate convene to inquire about matters that, pbelonging to the scope of powers of the corresponding Secretariats of State, they agree to treat.

Article 37 bis.- The incompatibilities established in the first paragraph of article 58 shall apply to the Ministers. By the sole fact of accepting the appointment, the Minister shall cease in the incompatible position, employment, function or commission that he performs.

During the exercise of their office, the Ministers will be subject to the prohibition of concluding or securing contracts with the State, acting as attorneys or agents in any kind of trial or as an attorney or agent in particular administrative procedures, being director of banks or of a corporation and hold positions of similar importance in these activities.

General bases of the State Administration Article 38.- A constitutional organic law shall determine the basic organization of the Public Administration, guarantee the civil service career and the principles of a technical and professional nature on which it should be based, and ensure both equal opportunities for entry to it and training and training. improvement of its members.

Any person who is injured in their rights by the State Administration, its agencies or municipalities, may claim before the courts determined by law, without prejudice to the liability that may affect the official who caused the damage.

States of constitutional exception Article 39.- The exercise of the rights and guarantees that the Constitution assures to all persons can only be affected under the following exceptional situations: external or internal war, internal commotion, emergency and public calamity, when they seriously affect the normal development of State institutions.

Article 40.- The state of assembly, in case of external war, and the state of siege, in case of internal war or serious internal commotion, will be declared by the President of the Republic, with the agreement of the National Congress. The declaration must determine the areas affected by the corresponding state of exception.

The National Congress, within a period of five days from the date on which the President of the Republic submits the declaration of state of assembly or site for consideration, must rule by accepting or rejecting the proposal, without being able to introduce modifications. If Congress does not rule within that period, it will be understood that it approves the President's proposal.

However, the President of the Republic may apply the state of assembly or siege immediately while Congress pronounces on the declaration, but in the latter state it may only restrict the exercise of the right of assembly. The measures adopted by the President of the Republic as long as the National Congress does not meet, may be subject to review by the courts of justice, without applying, in the meantime, the provisions of article 45.

The declaration of state of siege may only be made for a period of fifteen days, without prejudice to the President of the Republic requesting its extension. The state of assembly will remain in force for as long as the external war situation extends, unless the President of the Republic arranges his suspension beforehand.

Article 41.- The state of catastrophe, in case of public calamity, will be declared by the President of the Republic, determining the area affected by it.

The President of the Republic will be obliged to inform the National Congress of the measures taken under the state of catastrophe. The National Congress may void the declaration after one hundred and eighty days from it if the reasons that motivated it had ceased absolutely. However, the President of the Republic may only declare a state of catastrophe for a period exceeding one year with the agreement of the National Congress. The aforementioned agreement will be processed in the manner established in the second paragraph of article 40.

Declared the state of catastrophe, the respective zones will be under the immediate dependence of the Head of National Defense designated by the President of the Republic. This will assume the direction and supervision of its jurisdiction with the powers and duties indicated by law.

Article 42.- The state of emergency, in case of serious alteration of public order or serious damage to the security of the Nation, will be declared by the President of the Republic, determining the areas affected by said circumstances. The state of emergency cannot be extended for more than fifteen days, notwithstanding that the President of the Republic may extend it for the same period. However, for subsequent extensions, the President will always require the agreement of the National Congress. The aforementioned agreement will be processed in the manner established in the second paragraph of article 40.

Declared the state of emergency, the zones respectcivas will be under the immediate dependence of the Head of National Defense designated by the President of the Republic. This will assume the direction and supervision of its jurisdiction with the powers and duties indicated by law.

The President of the Republic will be obliged to inform the National Congress of the measures taken under the state of emergency.

Article 43.- By the declaration of the state of assembly, the President of the Republic is empowered to suspend or restrict personal freedom, the right to assembly and freedom of work. It may also restrict the exercise of the right of association, intercept, open or register documents and all kinds of communications, dispose of requisitions of property and establish limitations on the exercise of the right of ownership.

By the declaration of state of siege, the President of the Republic may restrict the freedom of locomotion and arrest people in their own homes or in places determined by law and that are not prisons or are destined for the detention or imprisonment of prisoners common. It may also suspend or restrict the exercise of the right of assembly.

By declaring the state of catastrophe, the President of the Republic may restrict the freedoms of locomotion and assembly. It may also provide for requisitions of property, establish limitations on the exercise of the right to property and adopt all extraordinary administrative measures that are necessary for the prompt restoration of normalcy in the affected area.

By the declaration of the state of emergency, the President of the Republic may restrict the freedom of locomotion and assembly.

Article 44.- A constitutional organic law shall regulate the states of exception, as well as their declaration and the application of the legal and administrative measures that should be adopted under them. Said law shall contemplate what is strictly necessary for the prompt restoration of constitutional normality and may not affect the powers and functioning of the constitutional bodies or the rights and immunities of their respective owners.

The measures adopted during the states of exception may not, under any circumstances, be extended beyond their validity.

Article 45.- The courts of justice may not qualify the grounds or the factual circumstances invoked by the authority to decree the states of exception, without prejudice to the provisions of article 39. However, with respect to the particular measures that affect rights constitutional, there will always be a guarantee to appeal to the judicial authorities through the appropriate resources.

The requisitions that are practiced will result in compensation in accordance with the law. The limitations imposed on the right to property will also be entitled to compensation when they import deprivation of any of their essential attributes or powers and thereby cause damage.

CHAPTER V NATIONAL CONGRESS[edit]

Article 46.- The National Congress is composed of two branches: the Chamber of Deputies and the Senate. Both concur to the formation of the laws in conformity with this Constitution and have the other attributions that she establishes.

Composition and generation of the Chamber of Deputies and the Senate Article 47.- The Chamber of Deputies is composed of members elected by direct vote by electoral districts. The respective constitutional organic law will determine the number of deputies, the electoral districts and the form of their election.

The Chamber of Deputies will be renewed in its entirety every four years.

Article 48.- To be elected as a deputy, you must be a citizen with the right to vote, be twenty-one years old, have completed secondary education or equivalent, and have residence in the region to which the corresponding constituency belongs for a period not less than to two years, counted back from election day.

Article 49.- The Senate is composed of members elected by direct vote by senatorial constituencies, in consideration of the regions of the country, each of which will constitute at least one constituency. The respective constitutional organic law will determine the number of Senators, senatorial constituencies and the form of their election.

Senators will last eight years in office and will be renewed alternately every four years, in the manner determined by the respective constitutional organic law.

Article 50.- To be elected senator, it is required to be a citizen with the right to vote, to have completed secondary education or equivalent and to be thirty-five years old on the day of the election.

Article 51.- It shall be understood that the deputies have, by the sole ministry of the law, their residence in the corresponding region, while they are in the exercise of their office.

Elections of deputies and senators will be held jointly. Parliamentarians may be re-elected in their positions.

The vacancies of deputies and those of senators will be provided with the citizen indicated by the political party to which the parliamentarian who produced the vacancy belonged at the time of being elected.

Parliamentarians elected as independents will not be replaced.

Parliamentarians elected as independents who have nominated by integrating a list together with one or more political parties will be replaced by the citizen designated by the party indicated by the respective parliamentarian at the time of submitting their declaration of candidacy.

The replacement must meet the requirements to be elected deputy or senator, as appropriate. However, a deputy may be nominated to occupy the position of a senator, having to apply, in that case, the rules of the preceding paragraphs to fill the vacancy left by the deputy, who when assuming his new position will cease in which he held.

The new deputy or senator will exercise his functions for the missing term to whom the vacancy originated.

In no case will complementary elections proceed.

Exclusive powers of the Chamber of Deputies Article 52.- The exclusive powers of the Chamber of Deputies are:

1) Supervise the acts of the Government. To exercise this attribution, the Chamber can:

a) Adopt agreements or suggest observations, with the vote of the majority of the deputies present, which will be transmitted in writing to the President of the Republic, who must give a well-founded response through the corresponding Minister of State, within thirty days.

Notwithstanding the foregoing, any deputy, with the favorable vote of one third of the members present in the Chamber, may request certain background information from the Government. The President of the Republic will answer fundamentally through the corresponding Minister of State, within the same period indicated in the previous paragraph.

In no case shall agreements, observations or background requests affect the political responsibility of the Ministers of State;

b) Appoint a Minister of State, at the request of at least one third of the deputies in office, in order to ask him questions in relation to matters related to the exercise of his office. However, the same Minister may not be summoned for this purpose more than three times within a calendar year, without prior agreement of the absolute majority of the deputies in office.

The Minister's assistance will be mandatory and must answer the questions and queries that motivate your citation, and

c) Create special investigative commissions at the request of at least two-fifths of the deputies in office, in order to gather information related to certain government acts.

The investigative commissions, at the request of a third of its members, may issue subpoenas and request background information. The Ministers of State, the other officials of the Administration and the personnel of the companies of the State or of those in which the latterhave majority participation, which are cited by these commissions, will be required to appear and provide the background and information requested.

However, the Ministers of State may not be summoned more than three times to the same investigative commission, without prior agreement of the absolute majority of its members.

The constitutional organic law of the National Congress will regulate the operation and powers of the investigative commissions and the way to protect the rights of the people mentioned or mentioned in them.

2) Declare whether or not accusations have been made that no less than ten or more than twenty of its members make against the following persons:

a) Of the President of the Republic, for acts of his administration that have seriously compromised the honor or security of the Nation, or openly violated the Constitution or laws. This accusation may be filed while the President is in office and within six months of his expiration in office. During this last time he may not be absent from the Republic without the agreement of the Chamber;

b) Of the Ministers of State, for having seriously compromised the honor or security of the Nation, for violating the Constitution or laws or having left them without execution, and for the crimes of treason, concussion, embezzlement of public funds and bribery ;

c) Of the magistrates of the superior courts of justice and of the Comptroller General of the Republic, for notable abandonment of their duties;

d) Of the generals or admirals of the institutions belonging to the National Defense Forces, for having seriously compromised the honor or security of the Nation, and

e) Of the regional presidential delegates, provincial presidential delegates and of the authority exercised by the Government in the special territories referred to in article 126 bis, for violation of the Constitution and for the crimes of treason, sedition, embezzlement of public funds and concussion.

The accusation will be processed in accordance with the constitutional organic law relating to Congress.

The accusations referred to in letters b), c), d) and e) may be filed while the affected party is in office or in the three months following the expiration of his position. When the accusation is filed, the affected person may not be absent from the country without the permission of the Chamber and may not do so in any case if the accusation is already approved by it.

To declare that the accusation against the President of the Republic or a regional governor has taken place, the vote of the majority of the deputies in office will be required.

In the other cases, that of the majority of the deputies present will be required and the defendant will be suspended in his functions from the moment the Chamber declares that the accusation has taken place. The suspension will cease if the Senate dismisses the accusation or if it is not pronounced within the following thirty days.

Exclusive powers of the Senate Article 53.- The exclusive powers of the Senate are:

1) Be aware of the accusations that the Chamber of Deputies files under the previous article.

The Senate will decide as a jury and will only declare whether or not the accused is guilty of the crime, infraction or abuse of power imputed to him.

The guilty plea must be pronounced by two thirds of the senators in office when it is an accusation against the President of the Republic or of a regional governor, and by the majority of the senators in exercise in the other cases.

For the guilty plea, the defendant is removed from office, and may not perform any public function, whether or not of popular election, for a term of five years.

The official found guilty will be judged according to the laws by the competent court, both for the application of the penalty indicated to the crime, if any, and for making civil liability effective for the damages caused to the State or to individuals;

2) Decide whether or not the admission of the legal actions that any person intends to initiate against any Minister of State has taken place, due to the damages that he may have suffered unjustly by his act in the performance of his office;

3) Be aware of the competition disputes that arise between the political or administrative authorities and the higher courts of justice;

4) Grant the rehabilitation of citizenship in the case of article 17, number 3 of this Constitution;

5) Provide or deny consent to the acts of the President of the Republic, in cases where the Constitution or the law requires it.

If the Senate does not pronounce itself within thirty days after the urgency is requested by the President of the Republic, his assent shall be deemed granted;

6) Grant your agreement so that the President of the Republic may be absent from the country for more than thirty days or afterar of the day indicated in the first paragraph of article 26;

7) Declare the inability of the President of the Republic or the President-elect when a physical or mental impairment disqualifies him from exercising his duties; and also declare, when the President of the Republic resigns from his position, if the reasons that originate it are founded or not and, consequently, admit or dismiss it. In both cases you must first hear from the Constitutional Court;

8) To approve, by the majority of its members in exercise, the declaration of the Constitutional Court referred to in the second part of No. 10 of article 93;

9) Approve, in a session specially convened for this purpose and with the assent of two thirds of the senators in office, the appointment of the ministers and judicial prosecutors of the Supreme Court and the National Prosecutor, and

10) Give your opinion to the President of the Republic in cases where he requests it.

The Senate, its commissions and its other bodies, including parliamentary committees, if any, may not supervise the acts of the Government or the entities that depend on it, nor adopt agreements that involve oversight.

Exclusive powers of Congress Article 54.- The powers of Congress are:

1) Approve or discard international treaties submitted by the President of the Republic before ratification. The approval of a treaty will require, in each Chamber, the quorum that corresponds, in accordance with article 66, and will be subject, as appropriate, to the procedures of a law.

The President of the Republic will inform the Congress about the content and scope of the treaty, as well as the reservations it intends to confirm or formulate.

The Congress may suggest the formulation of reservations and interpretative declarations to an international treaty, in the course of the approval process, provided that they proceed in accordance with the provisions of the treaty itself or in the general norms of international law.

The measures that the President of the Republic adopts or the agreements that he concludes for the fulfillment of a treaty in force will not require a new approval of the Congress, unless they are matters of law. The treaties concluded by the President of the Republic in the exercise of his regulatory power shall not require the approval of Congress.

The provisions of a treaty may only be repealed, modified or suspended as provided in the treaties themselves or in accordance with the general norms of international law.

It corresponds to the President of the Republic the exclusive power to denounce a treaty or withdraw from it, for which he will request the opinion of both Houses of Congress, in the case of treaties that have been approved by him. Once the complaint or withdrawal has its effects in accordance with the provisions of the international treaty, it will cease to have an effect on the Chilean legal order.

In the case of the denunciation or withdrawal of a treaty that was approved by the Congress, the President of the Republic must inform the latter within fifteen days of the denunciation or withdrawal.

The withdrawal of a reservation made by the President of the Republic and that the National Congress considered when approving a treaty will require prior agreement of the latter, in accordance with the provisions of the respective constitutional organic law. The National Congress must pronounce itself within a period of thirty days from the receipt of the official letter in which the relevant agreement is requested. If it is not pronounced within this term, the withdrawal of the reservation will be considered approved.

In accordance with the provisions of the law, publicity should be given to events that relate to the international treaty, such as its entry into force, the formulation and withdrawal of reservations, interpretative declarations, objections to a reservation and its withdrawal, the denunciation of the treaty, the withdrawal, the suspension, the termination and the nullity of the same.

In the same agreement approving a treaty, Congress may authorize the President of the Republic so that, during the term of the agreement, it may issue the provisions with force of law that it deems necessary for its full compliance, in such case the provisions applicable in the second and subsequent subsections of article 64, and

2) Pronounce, when applicable, with respect to the states of constitutional exception, in the manner prescribed by the second paragraph of article 40.

Congress operation Article 55.- The National Congress will be installed and will begin its session in the manner determined by its constitutional organic law.

In any case, it will always be understood as a summoned in full right to know the declaration of constitutional states of exception.

The constitutional organic law indicated in the first paragraph, will regulate the processing of the constitutional accusations,the classification of emergencies as indicated in article 74 and everything related to the internal processing of the law.

Article 56.- The Chamber of Deputies and the Senate may not enter a session or adopt agreements without the concurrence of a third of its members in office.

Each one of the Chambers will establish in its own regulation the closing of the debate by simple majority.

Article 56 bis.- During the month of July of each year, the President of the Senate and the President of the Chamber of Deputies will give public account to the country, in session of the Plenary Congress, of the activities carried out by the Corporations they preside over.

The Regulations of each Chamber will determine the content of said account and regulate the way to fulfill this obligation.

Common rules for deputies and senators Article 57.- They cannot be candidates for deputies or senators:

1) The Ministers of State;

2) Regional governors, regional presidential delegates, provincial presidential delegates, mayors, regional councilors, councilors and undersecretaries;

3) The members of the Board of the Central Bank;

4) The magistrates of the higher courts of justice and the judges of letters;

5) The members of the Constitutional Court, the Qualifying Court of Elections and the regional electoral tribunals;

6) The Comptroller General of the Republic;

7) People who hold a managerial position of union or neighborhood nature;

8) Natural persons and managers or administrators of legal persons that conclude or secure contracts with the State;

9) The National Prosecutor, regional prosecutors and deputy prosecutors of the Public Ministry, and

10) The Commanders-in-Chief of the Army, the Navy and the Air Force, the General Director of Police, the General Director of the Investigation Police and the officers belonging to the Armed Forces and the Public Order and Security Forces.

The disabilities established in this article will be applicable to those who have had the qualities or charges mentioned above within the year immediately prior to the election; except for the persons mentioned in numbers 7) and 8), those who must not meet those conditions at the time of registering their candidacy and those indicated in number 9), for which the period of disability will be Two years immediately prior to the election. If they are not elected in an election, they may not return to the same position or be appointed to similar positions to those who held up to one year after the electoral act.

Article 58.- The positions of deputies and senators are incompatible with each other and with any employment or commission paid with funds from the Treasury, from the municipalities, from the autonomous, semi-fiscal or state-owned tax entities or from the State companies or in which the Treasury has intervention for capital contributions, and with any other function or commission of the same nature. Teaching jobs and functions or commissions of equal character of higher, secondary and special education are excluded.

Likewise, the positions of deputies and senators are incompatible with the functions of directors or advisors, even if they are ad honorem, in autonomous, semi-fiscal or state-owned tax entities, or in which the State has a share of capital contribution.

By the sole fact of its proclamation by the Qualifying Court of Elections, the deputy or senator will cease in the other incompatible position, employment or commission that he performs.

Article 59.- No deputy or senator, from the moment of his proclamation by the Qualifying Court of Elections can be appointed for an employment, function or commission of those referred to in the previous article.

This provision does not apply in case of foreign war; nor does it apply to the positions of President of the Republic, Minister of State and diplomatic agent; but only the charges conferred in a state of war are compatible with the functions of deputy or senator.

Article 60.- The deputy or senator who will be absent from the country for more than thirty days without permission of the Chamber to which he belongs or, in recess of her, of its President will cease in office.

The deputy or senator who during his exercise will conclude or secure contracts with the State, or the one who acts as an attorney or agent in particular administrative procedures, in the provision of public jobs, councils, functions or commissions of similar nature will cease in office. . The same sanction shall be incurred by the person who accepts to be a director of a bank or of a corporation, or to exercise positions of similar importance in these activities.

The inability referred to in the preceding paragraph shall take place whether the deputy or senator acts on his own behalf or by a person, natural or legal, or through a society of persons of which he is a member.

The deputy or senator who acyou as a lawyer or agent in any kind of trial, who exercises any influence before the administrative or judicial authorities in favor or representation of the employer or workers in negotiations or labor disputes, whether from the public or private sector, or who intervene in them before Whatever of the parts. The same sanction will be applied to the parliamentarian who acts or intervenes in student activities, whatever the branch of education, in order to attempt against their normal development.

Without prejudice to the provisions of the seventh subsection of number 15 of article 19, the deputy or senator who, in word or in writing, incites the alteration of public order or encourages the change of the institutional legal order by means will also cease other than those established by this Constitution, or that seriously compromises the security or honor of the Nation.

Whoever loses the position of deputy or senator for any of the causes mentioned above may not opt ​​for any public function or employment, whether or not of popular election, for a term of two years, except in the cases of the seventh subsection of the 15th number of the article 19, in which the sanctions provided therein will apply.

The deputy or senator who has seriously violated the rules on transparency, limits and control of electoral expenditure, will cease from his position, from the date declared by a final decision by the Qualifying Court of Elections, at the request of the Electoral Service Board of Directors. A constitutional organic law will indicate the cases in which there is a serious infraction. Likewise, the deputy or senator who loses office may not opt ​​for any function or public employment for a term of three years, nor may he be a candidate for positions of popular election in the two electoral acts immediately following his cessation.

Likewise, the deputy or senator who, during his exercise, loses some general eligibility requirement or incurred in any of the causes of disability referred to in article 57, without prejudice to the exception referred to in the second paragraph shall cease of article 59 regarding the Ministers of State.

The deputies and senators may resign their positions when they are affected by a serious illness that prevents them from carrying them out and the Constitutional Court so qualifies.

Article 61.- The deputies and senators are only inviolable by the opinions they express and the votes they cast in the performance of their positions, in room or commission sessions.

No deputy or senator, from the day of his election or from his oath, as the case may be, charged or deprived of his liberty, except in the case of flagrant offense, if the High Court of the respective jurisdiction, in full, does not Authorize the accusation beforehand by declaring that there is a cause for formation. This resolution may be appealed to the Supreme Court.

In the event that a deputy or senator is arrested for flagrant crime, he will be immediately placed at the disposal of the respective Court of Appeal, with the corresponding summary information. The Court will then proceed in accordance with the provisions of the preceding paragraph.

From the moment in which it is declared, by firm resolution, to have place to formation of cause, the imputed deputy or senator is suspended from his position and subject to the competent judge.

Article 62.- The deputies and senators will receive as a single income a diet equivalent to the remuneration of a Minister of State including all the assignments that correspond to them.

Law Matters Article 63.- They are only matters of law:

1) Those that under the Constitution must be subject to constitutional organic laws;

2) Those required by the Constitution to be regulated by a law;

3) Those that are subject to codification, whether civil, commercial, procedural, criminal or other;

4) The basic subjects related to the labor, union, social security and social security legal regime;

5) Those that regulate public honors to the great servants;

6) Those that modify the shape or characteristics of national emblems;

7) Those that authorize the State, its agencies and municipalities, to contract loans, which should be intended to finance specific projects. The law must indicate the sources of resources charged to which the debt service should be made. However, a qualified quorum law will be required to authorize the hiring of those loans whose maturity exceeds the term of the respective presidential term.

The provisions of this number shall not apply to the Central Bank;

8) Those that authorize the execution of any kind of operations that may directly or indirectly compromise the credit or financial responsibility of the State, its agencies and municipalities.

This provision will not apply to the Central Bank;

9) The quand set the norms according to which the State companies and those in which it has participation can contract loans, which under no circumstances may be made with the State, its agencies or companies;

10) Those established by the rules on disposition of assets of the State or municipalities and on their lease or concession;

11) Those that establish or modify the political and administrative division of the country;

12) Those that indicate the value, type and denomination of the currencies and the system of weights and measures;

13) Those set by the air, sea and land forces that must remain standing in time of peace or war, and the rules to allow the entry of foreign troops into the territory of the Republic, as well as the exit of national troops outside it;

14) The others that the Constitution indicates as exclusive initiative laws of the President of the Republic;

15) Those that authorize the declaration of war, at the proposal of the President of the Republic;

16) Those that grant general pardons and amnesties and those that set the general norms under which the power of the President of the Republic must be exercised to grant particular pardons and grace pensions.

Laws that grant general pardons and amnesties will always require a qualified quorum. However, this quorum will be two-thirds of the deputies and senators in office in the case of crimes referred to in article 9;

17) Those that indicate the city in which the President of the Republic must reside, hold the National Congress and operate the Supreme Court and the Constitutional Court;

18) Those that set the basis for the procedures governing the acts of public administration;

19) Those that regulate the operation of lotteries, racetracks and bets in general, and

20) Any other norm of general and obligatory character that establishes the essential bases of a legal system.

Article 64.- The President of the Republic may request authorization from the National Congress to issue provisions with force of law for a term not exceeding one year on matters that correspond to the domain of the law.

This authorization may not be extended to nationality, citizenship, elections or the referendum, nor to matters included in constitutional guarantees or that must be subject to constitutional organic laws or qualified quorum.

The authorization may not include powers that affect the organization, powers and regime of the officials of the Judiciary, the National Congress, the Constitutional Court or the Comptroller General of the Republic.

The law granting the aforementioned authorization will indicate the precise matters on which the delegation will fall and may establish or determine the limitations, restrictions and formalities deemed appropriate.

Without prejudice to the provisions of the preceding paragraphs, the President of the Republic is authorized to fix the consolidated, coordinated and systematized text of the laws when it is convenient for their best execution. In the exercise of this faculty, you may introduce the changes so that they are indispensable, without altering, in any case, your true meaning and scope.

The Office of the Comptroller General of the Republic shall be entitled to take account of these decrees with force of law, and must reject them when they exceed or contravene the aforementioned authorization.

The decrees with force of law will be subject as to their publication, validity and effects, to the same norms that govern the law.

Law Formation Article 65.- Laws may originate in the Chamber of Deputies or in the Senate, by message addressed by the President of the Republic or by motion of any of its members. Motions cannot be signed by more than ten deputies or by more than five senators.

Laws on taxes of any nature whatsoever, on the budgets of the Public Administration and on recruitment, can only originate in the Chamber of Deputies. Laws on amnesty and general pardons can only originate in the Senate.

The exclusive initiative of the bills that are related to the alteration of the political or administrative division of the country, or to the financial or budgetary administration of the State, including amendments to the Budget Law, and with the responsibility of the President of the Republic the matters indicated in numbers 10 and 13 of article 63.

The exclusive initiative for:

1º.- Impose, suppress, reduce or forgive taxes of any kind or nature, establish exemptions or modify existing ones, and determine their form, proportionality or progression;

2º.- Create new public services or rented jobs, be they fiscal, semifiscal, autonomous or of state companies; hisprioritize them and determine their functions or powers;

3º.- Contract loans or carry out any other kind of operations that may compromise the credit or financial responsibility of the State, of the semi-fiscal, autonomous entities, of the regional governments or of the municipalities, and forgive, reduce or modify obligations, interests or other financial charges of any nature established in favor of the Treasury or the organizations or entities referred to;

4º.- Fix, modify, grant or increase remuneration, retirement, pensions, montepíos, income and any other kind of emoluments, loans or benefits to the personnel in service or in retirement and to the beneficiaries of montepío, where appropriate, of the Public Administration and other organizations and entities mentioned above, such as setting the minimum remuneration of private sector workers, obligatorily increasing their salaries and other economic benefits or altering the bases used to determine them; all without prejudice to the provisions in the following numbers;

5º.- Establish the modalities and procedures of collective bargaining and determine the cases in which it will not be possible to negotiate, and

6º.- Establish or modify the norms on social security or that affect it, both of the public and private sectors.

The National Congress may only accept, reduce or reject the services, jobs, emoluments, loans, benefits, expenses and other initiatives on the subject proposed by the President of the Republic.

Article 66. - The legal norms that interpret constitutional precepts will need, for their approval, modification or repeal, of the three fifths of the deputies and senators in exercise.

The legal norms to which the Constitution confers the character of constitutional organic law will require, for its approval, modification or repeal, of the four seventh parts of the deputies and senators in exercise.

The legal norms of qualified quorum shall be established, modified or repealed by the absolute majority of the deputies and senators in office.

The other legal norms will require the majority of the present members of each Chamber, or the majorities that are applicable in accordance with articles 68 and following.

Article 67.- The draft Budget Law must be submitted by the President of the Republic to the National Congress, at least three months prior to the date on which it must begin to govern; and if Congress does not dispatch it within sixty days from its presentation, the project presented by the President of the Republic will govern.

The National Congress may not increase or decrease the estimate of income; You can only reduce the expenses contained in the draft Budget Law, except those established by permanent law.

The estimate of the performance of the resources consulted by the Law on Budgets and of the new ones established by any other initiative of law, will correspond exclusively to the President, previous report of the respective technical organizations.

Congress may not approve any new expenses charged to the Nation's funds without indicating, at the same time, the sources of resources necessary to meet said expense.

If the source of resources granted by the Congress is insufficient to finance any new expenses approved, the President of the Republic, when promulgating the law, after a favorable report from the service or institution through which the new income is collected, endorsed by The Office of the Comptroller General of the Republic must reduce all expenses proportionally, whatever their nature.

Article 68.- The project that is generally discarded in the Chamber of its origin may not be renewed until after one year. However, in the case of a project of his initiative, the President of the Republic may request that the message be passed to the other Chamber and, if it approves it in general by two thirds of its members present, will return to that of his origin and will only be considered rejected if this Chamber rejects it with the vote of two thirds of its members present.

Article 69.- All projects may be subject to additions or corrections in the corresponding procedures, both in the Chamber of Deputies and in the Senate; but in no case will those that have no direct relationship with the core or fundamental ideas of the project be admitted.

Once a project has been approved in the Chamber of its origin, it will immediately go to the other for discussion.

Article 70.- The project that will be rejected in its entirety by the Review Chamber will be considered by a mixed commission of the same number of deputies and senators, which will propose the way and way to solve the difficulties. The project of the mixed commission will return to the Chamber of origin and, to be approved both in this and in the reviewer, theMost of the members present in each of them. If the mixed commission does not reach an agreement, or if the House of origin rejects the draft of that commission, the President of the Republic may request that the Chamber decide on whether it insists for two-thirds of its members present in the project that it approved. In the first process. Once the insistence has been agreed, the project will go to the Chamber that rejected it for the second time, and it will only be understood that it rejects it if two thirds of its members are present.

Article 71.- The project that is added or amended by the Review Chamber will return to that of its origin, and in this will be considered approved the additions and amendments with the vote of the majority of the members present.

If the additions or amendments are disapproved, a mixed commission will be formed and will proceed in the same manner indicated in the previous article. In the event that the mixed commission does not produce an agreement to resolve the differences between the two Chambers, or if any of the Chambers rejects the proposal of the mixed commission, the President of the Republic may request the Chamber of origin to consider the project approved in second process by the reviewer. If the Chamber of origin rejects the additions or modifications by two thirds of its members present, there will be no law in that part or in its entirety; but, if there is a majority for rejection, less than two thirds, the project will be passed to the Review Chamber, and it will be deemed approved with the assent of two thirds of the members present in the latter.

Article 72.- A project approved by both Chambers will be sent to the President of the Republic, who, if he also approves it, will order its enactment as a law.

Article 73.- If the President of the Republic disapproves of the project, he will return it to the Chamber of its origin with the appropriate observations, within a period of thirty days.

In no case will observations be admitted that have no direct relationship with the core or fundamental ideas of the project, unless they had been considered in the respective message.

If the two Chambers approve the observations, the bill will have the force of law and will be returned to the President for promulgation.

If the two Chambers dismiss all or some of the observations and insist on two thirds of their members present in all or part of the project approved by them, it will be returned to the President for promulgation.

Article 74.- The President of the Republic may present the urgency in the dispatch of a project, in one or all of its procedures, and in such case, the respective Chamber must decide within a maximum period of thirty days.

The qualification of the urgency shall correspond to the President of the Republic in accordance with the constitutional organic law relative to the Congress, which will also establish everything related to the internal processing of the law.

Article 75.- If the President of the Republic does not return the project within thirty days, counted from the date of its remission, it will be understood that it approves it and will be promulgated as law.

The promulgation must always be made within ten days, as of when it is appropriate.

The publication will be made within five business days following the date on which the promulgation decree is fully processed.

CHAPTER VI JUDICIAL POWER[edit]

Article 76.- The power to know civil and criminal cases, to solve them and to enforce what is judged, belongs exclusively to the courts established by law. Neither the President of the Republic nor the Congress may, in any case, exercise judicial functions, avoid pending cases, review the grounds or content of their resolutions or revive dead processes.

Claimed its intervention in legal form and in businesses of its competition, they will not be able to excuse themselves of exercising their authority, even for lack of law that resolves the dispute or matter submitted to their decision.

In order to enforce its resolutions, and to practice or enforce the acts of instruction determined by law, the ordinary courts of justice and the special ones that make up the Judiciary, may issue direct orders to the public force or exercise the means of action leading to that they had The other courts will do so in the manner determined by law.

The requested authority must comply without further processing the judicial mandate and may not qualify its rationale or opportunity, nor the justice or legality of the resolution that is being executed.

Article 77.- A constitutional organic law shall determine the organization and powers of the courts that are necessary for the prompt and complete administration of justice throughout the territory of the Republic. The same law will indicate the qualities that the judges should have respectively and the number of years that the profession of lawyer should have exercised the persons appointed as ministers of the Court or legal judges.

The constitutional organic law relating to the organization and powers of the courts, may only be modified by previously hearing the Supreme Court in accordance with the provisions of the respective constitutional organic law.

The Supreme Court must rule within thirty days from the receipt of the official letter in which the relevant opinion is requested.

However, if the President of the Republic has made an urgency to the project consulted, this circumstance will be communicated to the Court.

In that case, the Court must evacuate the consultation within the period implied by the respective urgency.

If the Supreme Court does not issue an opinion within the aforementioned deadlines, the procedure will be deemed evacuated.

The constitutional organic law relating to the organization and powers of the courts, as well as the procedural laws that regulate a system of prosecution, may set different dates for its entry into force in the various regions of the national territory. Notwithstanding the foregoing, the period for the entry into force of these laws throughout the country may not exceed four years.

Article 78.- Regarding the appointment of judges, the law shall conform to the following general precepts.

The Supreme Court will consist of twenty-one ministers.

The ministers and judicial prosecutors of the Supreme Court will be appointed by the President of the Republic, electing them from a payroll of five people who, in each case, will propose the same Court, and with the agreement of the Senate. This shall adopt the respective agreements by two thirds of its members in exercise, in a session specially convened for this purpose. If the Senate does not approve the proposal of the President of the Republic, the Supreme Court must complete the quina proposing a new name to replace the rejected one, repeating the procedure until an appointment is approved.

Five of the members of the Supreme Court must be foreign lawyers to the administration of justice, have at least fifteen years of title, have stood out in professional or university activity and meet the other requirements set forth in the respective constitutional organic law.

The Supreme Court, when it comes to providing a position that corresponds to a member from the Judiciary, will form the payroll exclusively with its members and the oldest minister of the Court of Appeals that appears in the list of merits should occupy a place in it. . The other four places will be filled in response to the merits of the candidates. In the case of providing a vacancy corresponding to lawyers outside the administration of justice, the payroll will be formed exclusively, prior to a public background, with lawyers that meet the requirements set forth in the fourth paragraph.

The ministers and judicial prosecutors of the Courts of Appeals will be appointed by the President of the Republic, on a proposal from the Supreme Court.

The judges will be appointed by the President of the Republic, at the proposal of the Court of Appeals of the respective jurisdiction.

The oldest civil or criminal court judge of the Court seat or the oldest civil or criminal court judge of the immediately lower charge than the one to be provided and listed on the list of mand express your interest in the position, will occupy a place in the corresponding list. The other two places will be filled according to the merit of the candidates.

The Supreme Court and the Courts of Appeals, as the case may be, will form the quinas or the ternas in full specially convened for that purpose, in the same and single vote, where each of its members shall have the right to vote for three or two persons, respectively . Those who obtain the first five or three majorities, as appropriate, will be elected. The draw will be resolved by lottery.

However, in the case of the appointment of alternate Ministers of Court, the appointment may be made by the Supreme Court and, in the case of judges, by the respective Court of Appeals. These designations may not last more than sixty days and will not be extendable. In the event that the superior courts mentioned do not make use of this power or if the term of the substitution has expired, the vacancies will be filled in the ordinary manner indicated above.

Article 79.- The judges are personally responsible for the crimes of bribery, lack of observance in substantial matters of the laws that govern the procedure, denial and distorted administration of justice and, in general, of all prevarication incurred in the performance of its functions.

In the case of the members of the Supreme Court, the law will determine the cases and the way to carry out this responsibility.

Article 80.- The judges will remain in their positions during their good behavior; but the inferiors will perform their respective judiciary for as long as the laws determine.

Notwithstanding the foregoing, the judges will cease their duties upon reaching 75 years of age; or due to resignation or legal incapacity arising or in case of being deposed of their destinies, for cause legally sentenced. The age-related rule will not apply to the President of the Supreme Court, who will remain in office until the end of his term.

In any case, the Supreme Court at the request of the President of the Republic, at the request of the interested party, or ex officio, may declare that the judges have not had good behavior and, upon prior report of the accused and the respective Court of Appeals, in If appropriate, agree on its removal for the majority of its total components. These agreements will be communicated to the President of the Republic for compliance.

The Supreme Court, in full specially convened for that purpose and by the absolute majority of its members in exercise, may authorize or order, based, the transfer of judges and other officials and employees of the Judiciary to another position of equal category.

Article 81.- The magistrates of the higher courts of justice, the judicial prosecutors and the legal judges that make up the Judicial Power, may not be apprehended without the order of the competent court, except in the case of crime or simple flagrant crime and only to put them immediately available to the court that must know the matter in accordance with the law.

Article 82.- The Supreme Court has the directive, correctional and economic superintendence of all the courts of the Nation. The Constitutional Court, the Qualifying Court of Elections and the regional electoral courts are excepted from this rule.

The higher courts of justice, in use of their disciplinary powers, may only invalidate jurisdictional decisions in cases and in the manner established by the respective constitutional organic law.

CHAPTER VII PUBLIC MINISTRY[edit]

Article 83.- An autonomous, hierarchical body, with the name of Public Prosecutor, will exclusively direct the investigation of the facts constituting the crime, those that determine the punishable participation and those that prove the innocence of the accused and, where appropriate, shall exercise public criminal action in the manner provided by law. Similarly, it will be up to him to adopt measures to protect victims and witnesses. In no case may exercise jurisdictional functions.

The offender for the crime and other persons determined by law may also exercise criminal action.

The Public Ministry may issue direct orders to the Order and Security Forces during the investigation. However, actions that deprive the accused or third parties of exercising the rights that this Constitution ensures, or restricts or disturbs, will require prior judicial approval. The requested authority must comply with these orders without further processing and may not qualify their rationale, opportunity, justice or legality, unless required to show prior judicial authorization, if applicable.

The exercise of the public criminal action, and the direction of the investigations of the facts that constitute the crime, of those that determine the punishable participation and of those that prove the innocence of the accused in the causes that are known to the military courts, as well as the adoption of measures to protect victims and witnesses of such acts shall correspond, in accordance with the norms of the Code of Military Justice and the respective laws, to the bodies and persons determined by that Code and those laws.

Article 84.- A constitutional organic law shall determine the organization and powers of the Public Prosecutor's Office, shall indicate the qualities and requirements that must be met and met by the prosecutors for their appointment and the grounds for removal of the attached prosecutors, in what is not contemplated in the Constitution. Persons designated as prosecutors may not have any impediment that disqualifies them from performing the office of judge. The regional and deputy prosecutors will cease their position upon reaching 75 years of age.

The constitutional organic law will establish the degree of independence and autonomy and the responsibility that prosecutors will have in the direction of the investigation and in the exercise of public criminal action, in the cases they are in charge of.

Article 85.- The National Prosecutor shall be appointed by the President of the Republic, at the proposal of the Supreme Court and with the agreement of the Senate adopted by two thirds of its members in office, in a session specially convened for this purpose. If the Senate does not approve the proposal of the President of the Republic, the Supreme Court must complete the quina proposing a new name to replace the rejected one, repeating the procedure until an appointment is approved.

The National Prosecutor must have at least ten years of law degree, be forty years old and possess the other qualities necessary to be a citizen with the right to vote; It will last eight years in the exercise of its functions and may not be designated for the following period.

The provisions of the second paragraph of Article 80 regarding the age limit shall apply to the National Prosecutor.

Article 86.- There will be a Regional Prosecutor in each of the regions in which the country is administratively divided, unless the population or geographical area of ​​the region makes it necessary to appoint more than one.

The regional prosecutors will be appointed by the National Prosecutor, at the proposal of the Court of Appeals of the respective region. In the event that there is more than one Court of Appeals in the region, the list will be formed by a full set of all of them, especially convened for that purpose by the President of the Court of oldest creation.

Regional prosecutors must have at least five years of law degree, have reached 30 years of age and possess the other qualities necessary to be a citizen with the right to vote; they will last eight years in the exercise of their functions and may not be designated as regional prosecutors for the following period, which does not preclude them from being appointed in another position of the Public Ministry.

Article 87.- The Supreme Court and the Courts of Appeals, where appropriate, will call a public tender for the integration of the quinas and ternas, which will be agreed by the absolute majority of its members in exercise, in full specially convened to that effect The active and retired members of the Judiciary cannot integrate the quinas and ternas.

The quinas and ternas will be formed in the same single vote in which each member of the plenary will have the right to vote for three or two people, respectively. Those who obtain the first five or three majorities, as appropriate, will be elected. get a draw, this will be resolved by lottery.

Article 88.- There will be deputy prosecutors who will be appointed by the National Prosecutor, at the proposal of the respective regional prosecutor, which must be formed prior public tender, in accordance with the constitutional organic law. They must have the title of lawyer and possess the other qualities necessary to be a citizen with the right to vote.

Article 89.- The National Prosecutor and the regional prosecutors may only be removed by the Supreme Court, at the request of the President of the Republic, the Chamber of Deputies, or ten of its members, due to disability, misconduct or gross negligence expressed in The exercise of their functions. The Court will hear about the matter in full specially convened for that purpose and to agree the removal must meet the assent vote of the majority of its members in exercise.

The removal of regional prosecutors may also be requested by the National Prosecutor.

Article 90.- The provisions of Article 81 shall apply to the National Prosecutor, regional prosecutors and deputy prosecutors.

Article 91.- The National Prosecutor shall have the directive, correctional and economic superintendence of the Public Ministry, in accordance with the respective constitutional organic law.

CHAPTER VIII CONSTITUTIONAL TRIBUNAL[edit]

Article 92

There shall be a Constitutional Tribunal composed of ten (10) members appointed in the following form:

a) Three (3) members appointed by the President of the Republic;

b) Four (4) members elected by the National Congress. Two (2) members shall be appointed directly by the Senate, and two (2) shall be proposed by the Chamber of Deputies for approval or rejection by the Senate. The appointments, or the proposal for appointment, take place by single ballot and require for their approval the favorable vote of two- thirds (2/3) of the senators and deputies in office, as the case may be;

c) Three (3) members elected by the Supreme Court by secret ballot which shall take place in a session especially convened for this purpose.

The members of the Tribunal shall remain nine (9) years in office and shall be partially replaced every three (3) years. They must have held for at least fifteen (15) years the title of lawyer, have distinguished themselves in their professional, academic or public activity; they may not be prevented by any impediment from discharging the office of a judge, shall be subject to the provisions in Articles 58, 59 and 81, and may not exercise the profession of trial lawyer, including in the judiciary, nor carry out any of the activities referred to in the second and third paragraph of Article 60.

The members of the Constitutional Tribunal shall not be subject to removal and may not be re-elected, with the exception of those who have been elected as replacements and have occupied the office for less than five (5) years. They shall cease their functions upon attaining seventy-five (75) years of age.

In case a member of the Constitutional Tribunal resigns from office, the competent organ provides for his/her replacement in accordance with the first paragraph of this article and for the remaining term of the person to be replaced.

The Tribunal shall sit in plenary or in two (2) separate chambers. In the first case, the quorum for a session shall be at least eight (8) members, and in the second case, four (4) members. The Tribunal shall

adopt its decisions by simple majority, save in the cases in which a different quorum is required, and shall render its judgments in accordance with the law. The plenary Tribunal shall adopt final decisions on the matters indicated in numerals 1, 3, 4, 5, 6, 7, 8, 9 and 11 of the following article. For the exercise of its other powers, it may sit in plenary or in chamber in accordance with the provisions of the respective organic constitutional law.

An organic constitutional law shall determine its organization, functioning and procedures and shall establish the structure, the rules concerning salaries and the status of its staff.

Article 93

The powers of the Constitutional Tribunal are:

1. To control the constitutionality of laws interpreting a provision of the Constitution, of constitutional organic laws and of treaty rules relating to matters governed by them [the Constitution and the constitutional organic laws] before their promulgation;

2. To decide on constitutional issues raised by judicial decisions issued by the Supreme Court, the Court of Appeals and the Elections Tribunal;

3. To resolve the issues about constitutionality which arise during the discussion of legislative or constitutional reform bills or of the treaties submitted for approval to Congress;

4. To resolve the issues which arise in respect of the constitutionality of a decree having the force of law;

5. To resolve the issues which arise in respect of the constitutionality of the decision to hold a plebiscite, without prejudice to the competences of the Elections Tribunal;

6. To decide, with the majority of its members in office, on the inapplicability of a legal provision whose application in proceedings before an ordinary or special tribunal would result in a violation of the Constitution;

7. To decide, with the majority of four-fifths (4/5) of its members in office, on the unconstitutionality of a legal provision which has been declared inapplicable in accordance with the preceding numeral;

8. To decide on the complaints in the cases where the President of the Republic does not promulgate a law when he/she is obligated to do so or promulgates a text different from the one which, under the Constitution, he/she ought to promulgate;

9. To decide on the constitutionality of a decree or a decision of the President of the Republic to which the Office of Comptroller-General has objected because it deems it to be unconstitutional, upon request of the President in conformity with Article 99;

10. To declare the unconstitutionality of the organizations and movements or political parties, as well as the liability of the persons which have taken part in the events which gave rise to the declaration of unconstitutionality, in accordance with the provisions of the sixth, seventh and eighth paragraph of numeral 15 of Article 19 of this Constitution. However, if the person concerned is the President of the Republic or the President-elect, the above-mentioned declaration shall, in addition, require the approval of the Senate voted by the majority of its members in office;

11. To inform the Senate in the cases referred to in numeral 7 of Article 53 of this Constitution;

12. To decide on the conflicts of jurisdiction arising between political or administrative authorities and the courts of justice which do not fall within the competence of the Senate;

13. To decide on the constitutional or legal ineligibilities which affect the capacity of a person to be appointed as Minister of State, to remain in that function or to discharge simultaneously other functions;

14. To decide on the ineligibilities, incompatibilities and grounds for resignation concerning the functions of the parliamentarians;

15. To assess the ineligibility invoked by a parliamentarian under the terms of the final paragraph of Article 60 and to decide on the renunciation of his/her functions; and

16. To decide on the constitutionality of the supreme decrees, regardless of the defects invoked, including those which have been issued in the exercise of the autonomous regulatory powers of the President of the Republic, provided that they relate to matters which may be reserved for statutory legislation under the mandate of Article 63.

In the case of numeral 1, the Chamber in which the bill originated sends the respective bill to the Constitutional Tribunal within five (5) days after its discussion has been fully completed by Congress.

In the case of numeral 2, the Tribunal may hear the matter upon request by the President of the Republic, by any of the Chambers or by ten (10) of their members. Similarly, any person being a party to litigation or proceedings pending before an ordinary or special tribunal or from the first stage of the criminal proceedings may request a decision by the Tribunal when he/she is affected in the exercise of his/her fundamental rights by the contents of the respective judicial decision.

In the case of numeral 3, the Tribunal may only hear the matter upon request by the President of the Republic, by any of the Chambers or by one-fourth (1/4) of their members in office, provided that the request is formulated before the promulgation of the law or the transmission of the communication which informs the approval of the treaty by the National Congress and, in all cases, after the fifth (5th) day following the dispatch of the bill or of the above-mentioned communication;

The Tribunal must decide within a period of ten (10) days, starting with the receipt of the request, unless it determines to extend it for another ten (10) days for grave and qualified reasons.

The request does not suspend the [parliamentary] discussion of the bill; but its challenged part may not be promulgated before the expiry of the above-mentioned period, unless the Budget bill or the bill relating to the declaration of war proposed by the President of the Republic is concerned.

In the case of numeral 4, the question may be submitted by the President of the Republic within a period of ten (10) days if the Office of Comptroller- General rejects as unconstitutional a decree having the force of law. It may also be submitted by any of the Chambers or by one-fourth (1/4) of their members in office in case the Office of Comptroller-General has examined a decree having the force of law which is challenged as unconstitutional. This request must be presented within a period of thirty (30) days, starting with the publication of the respective decree having the force of law.

In the case of numeral 5, the issue may be raised by request of the Senate or the Chamber of Deputies, within ten (10) days from the date of publication of the decree which fixes the day of the popular consultation.

The Tribunal establishes in its decision the final text of the popular consultation, if it is upheld.

If, at the time when the decision is written, the holding of the plebiscite is less than thirty (30) days away, the Tribunal sets a new date in the decision between the thirtieth (30th) and the sixtieth (60th) day following the judgment.

In the case of numeral 6, the question may be submitted by any of the parties or by the judge competent to decide the matter. Any of the chambers of the Tribunal is competent, without further appeal, to state the admissibility of the question, provided that it has verified the existence of proceedings pending before an ordinary or special tribunal, that the application of the challenged legal provision could be decisive for the resolution of the case, that the challenge is reasonably argued and that the other requirements established by the law are met. The same chamber is competent to decide on the suspension of the proceedings in which the action of inapplicability for unconstitutionality has originated.

In the case of numeral 7, once the declaration of inapplicability of a legal provision has been made in a prior judgment in accordance with numeral 6 of this article, there will be a public action to request from the Tribunal the declaration of unconstitutionality, without prejudice to the ability of the latter to issue that declaration on its own initiative. The respective constitutional organic law shall establish the conditions of admissibility for cases where public action is instituted, as well as regulate the proceedings to be followed if the Tribunal acts on its own initiative.

In the case of numeral 8, the issue may be raised by any of the Chambers or by one-fourth (1/4) of their members in office within thirty (30) days following the publication of the challenged text or within sixty (60) days following the date on which the President of the Republic ought to have promulgated the law. If the Tribunal accepts the complaint, it promulgates in its judgment the law which has not been promulgated or rectifies the incorrect promulgation.

In the case of numeral 11, the Tribunal may only hear the matter upon request by the Senate.

There shall be a public action for requesting from the Tribunal a decision with regard to the powers which are conferred upon it by numeral 10 to 13 of this article.

However, if in the case of numeral 10, the person concerned is the President of the Republic or the President-elect, the request must be formulated by the Chamber of Deputies or by one-fourth (1/4) of its members in office.

In the case of number 12, the request must be deduced by either authorities or courts in conflict.

In the case of numeral 14, the Tribunal may only hear the matter upon request by the President of the Republic or by no less than ten (10) parliamentarians in office.

In the case of numeral 16, the Tribunal may only hear the matter upon request by any of the Chambers submitted within thirty (30) days following the publication or notification of the challenged text. In the case of [alleged] defects which are not related to decrees exceeding the autonomous regulatory powers of the President of the Republic, said request may also be presented by one-fourth (1/4) of the members in office.

The Constitutional Tribunal may freely consider the facts when it exercises its powers under numerals 10, 11 and 13, as well as when it decides on the grounds for termination of the functions of a parliamentarian.

In the cases of numerals 10, 13 and in the case of numeral 2, a chamber of the Tribunal is competent, if a party so requests, to make a decision without further appeal on the issue of admissibility.

Article 94

No appeal whatsoever shall he against the decisions of the Constitutional Tribunal, the possibility notwithstanding that the Tribunal may itself, in conformity with the law, correct the factual errors which it may have made.

The provisions that the Court declared unconstitutional may not become law in the project or decree with force of law in question.

In the case of numeral 16 of Article 93, the challenged supreme decree remains without legal effect solely by virtue of the decision of the Tribunal which accepts the complaint. However, the legal provision declared unconstitutional in conformity with the provisions in numerals 2,4 or 7 of Article 93 are deemed to have been derogated with the publication of the judgment accepting the complaints, which does not produce any retroactive effects, in the Official Journal.

The decisions which declare, wholly or in part, the unconstitutionality of a law, a decree having the force of law, a supreme decree or a judicial order, as the case may be, shall be published in the Official Journal within three (3) days after the sentence.

CHAPTER IX ELECTORAL JUSTICE[edit]

Article 94 bis.- An autonomous body, with its own legal personality and assets, called the Electoral Service, shall exercise the administration, supervision and supervision of the electoral and plebiscitary processes; compliance with the rules on transparency, limit and control of electoral spending; of the norms on the political parties, and the other functions that indicate a constitutional organic law.

The senior management of the Electoral Service will correspond to a Board of Directors, which will exclusively exercise the powers entrusted to it by the Constitution and laws. Said Council shall be composed of five counselors appointed by the President of the Republic, prior agreement of the Senate, adopted by two thirds of its members in office. The Directors will last ten years in their positions, may not be appointed for a new period and will be renewed by bias every two years.

The Directors may only be removed by the Supreme Court, at the request of the President of the Republic or one third of the members in office of the Chamber of Deputies, for serious violation of the Constitution or laws, disability, misconduct or gross negligence in the exercise of its functions. The Court will hear about the matter in plenary, especially called to that effect, and to agree the removal must meet the assent vote of the majority of its members in exercise.

The organization and powers of the Electoral Service will be established by a constitutional organic law. Its form of deconcentration, plants, remuneration and staff status will be established by law.

Article 95.- A special tribunal, which will be called the Elections Qualifying Court, will be aware of the general scrutiny and qualification of the elections of the President of the Republic, of deputies and senators; will resolve the claims to which they take place and will proclaim those who are elected. This Court will also know about the referendums, and will have the other powers determined by law.

It will consist of five members appointed as follows:

a) Four ministers of the Supreme Court, appointed by the latter, by lottery, in the manner and opportunity determined by the respective constitutional organic law, and

b) A citizen who has held the position of President or Vice President of the Chamber of Deputies or of the Senate for a period not less than 365 days, designated by the Supreme Court in the manner indicated in the preceding letter a), of all those who meet the qualities indicated.

The designations referred to in letter b) may not fall on persons who are parliamentarians, candidates for elected office, Minister of State, or political party leader.

The members of this tribunal shall last four years in their functions and the provisions of articles 58 and 59 of this Constitution shall apply to them.

The Qualifying Court will proceed as a jury in the assessment of the facts and will rule according to law.

A constitutional organic law will regulate the organization and operation of the Qualifying Court.

Article 96.- There will be regional electoral tribunals in charge of knowing the general scrutiny and qualification of the elections entrusted to them by the law, as well as resolving the claims to which they take place and proclaiming the elected candidates. Its resolutions will be appealable to the Qualifying Court of Elections in the manner determined by law. Likewise, they will have to know the qualification of the union elections and those that take place in those intermediate groups that the law indicates.

These courts will be constituted by a minister of the respective Court of Appeals, elected by it, and by two members appointed by the Qualifying Court of Elections from among persons who have practiced the profession of lawyer or performed the function of minister or lawyer who is a member of the Court of Appeals for a term not less than three years.

The members of these courts will last four years in their functions and will have the disabilities and incompatibilities determined by law.

These courts will proceed as a jury in the assessment of the facts and will rule according to law.

The law will determine the other powers of these courts and regulate their organization and operation.

Article 97.- Annually, the necessary funds for the organization and operation of these courts, whose plants, remuneration and staff status will be established by law, will be allocated in the National Budget Law.

CHAPTER X OFFICE OF COMPTROLLER-GENERAL OF THE REPUBLIC[edit]

Article 98

An autonomous body with the name of Comptroller-General of the Republic shall exercise control over the legality of the acts of the Administration, oversee the revenue and the investment of the funds of the National Treasury, the municipalities and the other bodies and services determined by law; examine and judge the accounts of persons who manage assets of such entities; conduct the general accounting of the Nation, and perform the other functions entrusted to it by the respective organic constitutional law.

The Comptroller-General of the Republic must have held the title of lawyer for at least ten (10) years, have attained forty (40) years of age and possess the other qualities necessary to be a citizen with the right to vote. He/she shall be appointed by the President of the Republic with the approval of the Senate by a vote of a three-fifths (3/5) majority of its members in office for a term of eight (8) years and may not be appointed for the following term. However, upon attaining seventy-five (75) years of age, he/she shall cease his/her functions.

Article 99

In the exercise of the function of control of legality, the Comptroller- General shall register decrees and resolutions which, in conformity with the law, must be processed by the Comptroller-General's Office, or state the illegality by which they could be affected; but he/she must proceed with them when, despite his/her observations [of the potential illegality], the President of the Republic persists with the signature of all his/her Ministers, in which case he/she must send a copy of the respective decrees to the Chamber of Deputies. In no case shall he/she clear decrees on expenditures which exceed the limit set forth in the Constitution; in such cases, he/she shall remit a complete copy of the files to the same Chamber.

The Comptroller-General of the Republic is also required to register decrees having the force of law and to make representations whenever they exceed or contravene the authorizing law or are contrary to the Constitution.

If the representation takes place with respect to a decree promulgating a law or a constitutional amendment for deviating from the

approved text, or with respect to a decree or resolution for being contrary to the Constitution, the President of the Republic shall not have the ability to persist; and in case he/she does not comply with the observations of the Office of the Comptroller-General, he/she shall send the files to the Constitutional Tribunal within a period of ten (10) days in order to have the controversy resolved by it.

As to the remaining issues, the organization, operation and competences of the Office of the Comptroller-General of the Republic shall be the object of an organic constitutional law.

Article 100

The Treasuries of the State may not make any payment except by virtue of a decree or resolution issued by a competent authority, in which the law or the chapter of the budget is indicated that authorizes such expenditure. Payments shall be made, in addition, with regard to the chronological order established by it and the previous budgetary check of the document ordering the payment.

CHAPTER XI ARMED FORCES, FORCES OF ORDER AND PUBLIC SECURITY[edit]

Article 101

The Armed Forces dependent on the Ministry in charge of National Defense are composed only and exclusively of the Army, the Navy and the Air Force. They exist for the defense of the country (patria) and are essential for the security of the Nation.

The Forces of Order and Public Security are composed only of Armed Police Officers (Carabineros) and investigation units. They constitute the public force and exist in order to implement the law effectively, to guarantee the public order and the internal public security, in the manner determined by their respective organic laws. They depend of the Ministry in charge of Public Security.

The Armed Forces and Armed Police Officers, as armed bodies, essentially have executive and not decision-making functions. The forces dependent on the Ministries in charge of National Defense and Public Security are, in addition, professional, hierarchical and disciplined.

Article 102

Entry to the posts and grants of the Armed Forces and Armed Police may only take place through their own schools with the exception of the professional ranks and civil servants that the law determines.

Article 103

No person, group or organization may own or possess arms or other similar elements indicated by a law approved by a qualified quorum, without authorization granted in conformity with the latter.

The Ministry in charge of National Defense or a body under its control shall exercise the supervision and control of weapons in the manner determined by law.

Article 104

The Commanders-in-Chief of the Army, Navy and Air Force, and the Director-General of the Armed Police shall be appointed by the President of the Republic from among the five (5) senior generals who meet the

qualities that the respective institutional statutes demand for such posts. They shall serve their posts for four (4) years, may not be named for a new term of office and shall be irremovable from their post.

The President of the Republic may, by reasoned decree and after prior information of the Chamber of Deputies and the Senate, confine the Commanders-in-Chief of the Army, the Navy and the Air Force, as the case may be, to retirement before the completion of their respective term.

Article 105

The appointments, promotions and retirements of officials of the Armed Forces and Armed Police shall be effected by a supreme decree, in conformity with the corresponding organic constitutional law, which shall determine the respective basic rules as well as the basic rules relating to professional career, accession to posts, social security, seniority, command, and chain of command of the Armed Forces and Armed Police.

The entrance, appointments, promotions and retirements in the Investigations Department shall be made in accordance with its organic law.

CHAPTER XII NATIONAL SECURITY COUNCIL[edit]

Article 106

There shall be a National Security Council with the task to assist the President of the Republic on matters related to national security and to discharge the other functions assigned to it by this Constitution. It shall be presided by the Head of State and be composed of the Presidents of the Senate, the Chamber of Deputies and the Supreme Court, by the Commanders-in-Chief of the Armed Forces, by the Director-General of the Police and by the Comptroller-General of the Republic.

In the cases determined by the President of the Republic, the ministers in charge of domestic affairs, national defense, public security, foreign relations and of economy and finance of the country may be present at its meetings.

Article 107

The National Security Council shall meet when it is convened by the President of the Republic and shall require the absolute majority of its members as a quorum for its meetings.

The Council does not adopt decisions other than the regulations to which the last paragraph of the present provision refers. In its meetings, every member may freely express his/her views on any fact, measure or matter related to the institutional foundations [of the State] or national security.

Council Minutes be public, unless most of its members to determine what otherwise.

Regulations which are issued by the Council itself shall establish the other provisions concerning its organization, function and publicity of its debates.

CHAPTER XIII CENTRAL BANK[edit]

Article 108

There shall exist an autonomous body of a technical character with its own funding under the name of the Central Bank, whose composition, organization, functions and competences shall be determined by an organic constitutional law.

Article 109

The Central Bank may only conduct operations with financial institutions, be they public or private. In no way whatsoever may it act as a guarantor or acquire documents issued by the State, its organs or enterprises.

No public expenditure or loan may be financed by direct or indirect credit of the Central Bank.

Nevertheless, in case of a foreign war or the threat of war, as qualified by the National Security Council, the Central Bank may obtain, grant or finance credits to the State and public or private entities.

The Central Bank may not adopt any decision which represents, in a direct or indirect manner, the establishment of different or discriminatory rules or requirements in relation to persons, institutions or entities that perform transactions of the same nature.

CHAPTER XIV GOVERNMENT AND INTERNAL ADMINISTRATION OF THE STATE[edit]

Article 110.- For the government and internal administration of the State, the territory of the Republic is divided into regions and these into provinces. For the purposes of local administration, the provinces will be divided into communes.

The creation, deletion and naming of regions, provinces and communes; the modification of its limits, as well as the fixing of the capitals of the regions and provinces, will be the subject of constitutional organic law.

Government and Regional Administration Article 111.- The superior administration of each region resides in a regional government, which will have as its objective the social, cultural and economic development of the region.

The regional government will consist of a regional governor and the regional council. For the exercise of its functions, the regional government shall enjoy legal personality under public law and shall have its own assets.

The regional governor will be the executive organ of the regional government, with the responsibility of presiding over the council and exercising the functions and powers determined by the constitutional organic law, in coordination with the other public bodies and services created for the fulfillment of the administrative function. Likewise, it will be the coordination, supervision or supervision of public services that depend on or are related to the regional government.

The regional governor will be elected by universal suffrage by direct vote. The candidate for regional governor who obtains the majority of validly cast votes shall be elected and provided that said majority is equivalent to at least forty percent of the votes validly cast, in accordance with the provisions of the respective constitutional organic law. It will last in the exercise of its functions by the term of four years, being able to be reelected consecutively only for the following period.

If at the election of the regional governor there are more than two candidates and none of them obtains at least forty percent of the votes cast, a second vote shall be taken which shall be limited to the candidates who have obtained the two highest relative majorities and in her will be chosen that one of the candidates that obtains the greater number of suffrages. This new vote will be verified in the manner determined by law.

For the purposes of the provisions of the two preceding paragraphs, the blank and null votes shall be considered as not cast.

The respective constitutional organic law shall establish the grounds for disability, incompatibility, subrogation, cessation and vacancy of the position of regional governor, without prejudice to the provisions of articles 124 and 125.

Article 112.- Repealed.

Article 113.- The regional council shall be an organ of a normative, decisive and supervisory nature, within the sphere of competence of the regional government, responsible for enforcing the participation of regional citizenship and exercising the powers conferred by the respective constitutional organic law. .

The regional council shall consist of directors elected by universal suffrage by direct vote, in accordance with the respective constitutional organic law. They will last four years in their positions and may be re-elected. The same law will establish the organization of the regional council, determine the number of directors that will integrate it and their form of replacement, always taking care that both the population and the territory of the region are equally represented.

The regional council may supervise the acts of the regional government. To exercise this attribution, the regional council, with the assent vote of one third of the regional councilors present, may adopt agreements or suggest observations that will be transmitted in writing to the regional governor, who must give a well-founded response within thirty days.

The other supervisory powers of the regional council and its exercise will be determined by the respective constitutional organic law.

Notwithstanding the foregoing, any regional councilor may require the regional governor or regional presidential delegate the information necessary for this purpose, who must answer fundamentally within the period indicated in the third paragraph.

The regional counselor who during his exercise loses any of the eligibility requirements or incurred in any of the disabilities, incompatibilities, disabilities or other grounds of cessation established by the constitutional organic law established shall cease to be in office.

The provisions of the preceding paragraphs regarding the regional council and regional councilors shall apply, as appropriate, to the special territories referred to in article 126 bis.

Incised deleted.

The constitutional organic law will determine the functions and powers of the president of the regional council.

It will be up to the regional council to approve the draft budget of the respective region considering, parTo this end, the resources allocated to it in the Budget Law, its own resources and those that come from the programming agreements.

Senators and Deputies representing the constituencies and districts of the region may, when they deem appropriate, attend the sessions of the regional council and take part in their discussions, without the right to vote.

Article 114.- The respective constitutional organic law shall determine the manner and manner in which the President of the Republic shall transfer to one or more regional governments, temporarily or definitively, one or more powers of the ministries and public services created for compliance. of the administrative function, in matters of territorial planning, promotion of productive activities and social and cultural development.

Article 115.- For the government and internal administration of the State referred to in this chapter, the search for a harmonious and equitable territorial development shall be observed as a basic principle. Laws that are issued for this purpose must ensure compliance with and application of said principle, also incorporating criteria of solidarity between regions, as within them, in relation to the distribution of public resources.

Without prejudice to the resources allocated for its operation to regional governments in the National Budget Law and those that come from the provisions of No. 19 of Article 19, said law will contemplate a proportion of the total expenses of public investment that determines, with the denomination of national fund of regional development.

The National Budget Law will also include expenditures corresponding to regionally assigned sector investments whose distribution between regions will respond to criteria of equity and efficiency, taking into account the corresponding national investment programs. The allocation of such expenses within each region will correspond to the regional government.

At the initiative of regional governments or one or more ministries, annual or multi-annual public investment programming agreements may be concluded between regional governments, between these and one or more ministries or between regional governments and municipalities, whose compliance will be mandatory. The respective constitutional organic law will establish the general norms that will regulate the subscription, execution and enforceability of said agreements.

The law may authorize regional governments and public companies to partner with natural or legal persons to promote non-profit activities and initiatives that contribute to regional development. The entities that are constituted for this purpose will be regulated by the common norms applicable to individuals.

The provisions of the preceding paragraph shall be without prejudice to the provisions of number 21 of article 19.

Article 115 bis.- In each region there will be a regional presidential delegation, in charge of a regional presidential delegate, who will exercise the functions and powers of the President of the Republic in the region, in accordance with the law. The regional presidential delegate shall be the natural and immediate representative, in the territory of his jurisdiction, of the President of the Republic and shall be freely appointed and removed by him. The regional presidential delegate shall exercise his functions in accordance with the laws and orders and instructions of the President of the Republic.

The regional presidential delegate will be responsible for coordinating, supervising or supervising the public services created by law for the fulfillment of the administrative functions that operate in the region that depend on or relate to the President of the Republic through a Ministry.

Government and Provincial Administration Article 116.- In each province there will be a provincial presidential delegation, which will be a territorially decentralized body of the regional presidential delegate, and will be in charge of a provincial presidential delegate, who will be freely appointed and removed by the President of the Republic. In the seat province of the regional capital, the regional presidential delegate will exercise the functions and powers of the provincial presidential delegate.

It is up to the provincial presidential delegate to exercise, in accordance with the instructions of the regional presidential delegate, the supervision of existing public services in the province. The law will determine the powers that may be delegated by the regional presidential delegate and the others that correspond to it.

Article 117.- Provincial presidential delegates, in the cases and manner determined by law, may designate persons in charge of exercising their powers in one or more locations.

Community Administration Article 118.- The local administration of each commune or group of communes determined by law resides in a municipality, which will be constituted by the mayor, who is his highest authority, and by the council.

The respective constitutional organic law will establish the modalities and forms that must be assumed by the participation of the local community in municipal activities.

The mayors, in the cases and forms determined by the respective constitutional organic law, may appoint delegates to exercise their powers in one or more locations.

Municipalities are autonomous public law corporations, with legal personality and their own assets, whose purpose is to meet the needs of the local community and ensure their participation in the economic, social and cultural progress of the commune.

A constitutional organic law will determine the functions and powers of municipalities. Said law shall also indicate the matters of municipal competence that the mayor, with the agreement of the council or at the request of 2/3 of the councilors in exercise, or the proportion of citizens established by law, shall submit to a non-binding consultation or referendum. , as well as the opportunities, form of the call and effects.

Municipalities may associate with each other in accordance with the respective constitutional organic law, and said associations may enjoy legal personality under private law. Likewise, they may establish or integrate corporations or foundations of private non-profit law whose purpose is the promotion and dissemination of art, culture and sports, or the promotion of works of communal and productive development. Municipal participation in them will be governed by the aforementioned constitutional organic law.

Municipalities may establish, within the scope of the communes or grouping of communes, in accordance with the respective constitutional organic law, territories called neighborhood units, in order to tend to a balanced development and an adequate channeling of citizen participation.

Public services must be coordinated with the municipality when they carry out their work in the respective communal territory, in accordance with the law.

The law will determine the manner and manner in which the ministries, public services and regional governments may transfer powers to the municipalities, as well as the provisional or final nature of the transfer.

Article 119.- In each municipality there will be a council composed of councilors elected by universal suffrage in accordance with the constitutional organic law of municipalities. They will last four years in their positions and may be re-elected. The same law will determine the number of councilors and how to elect the mayor.

The council will be a body in charge of making effective the participation of the local community, will exercise normative, operative and supervisory functions and other powers entrusted to it, in the manner determined by the respective constitutional organic law.

The organic law of municipalities will determine the rules on organization and operation of the council and the matters in which the consultation of the mayor to the council will be mandatory and those in which the agreement of the latter will necessarily be required. In any case, said agreement will be necessary for the approval of the communal development plan, the municipal budget and the respective investment projects.

Article 120.- The respective constitutional organic law shall regulate the transitory administration of the communes that are created, the installation procedure of the new municipalities, the transfer of municipal personnel and the services and the necessary safeguards to protect the use and disposition of the goods that are located in the territories of the new communes.

Likewise, the constitutional organic law of municipalities will establish the procedures that must be observed in case of suppression or merger of one or more communes.

Article 121.- The municipalities, for the fulfillment of their functions, may create or abolish jobs and set salaries, as well as establish the bodies or units that the respective constitutional organic law allows.

These powers will be exercised within the limits and requirements that, at the sole initiative of the President of the Republic, determine the constitutional organic law of municipalities.

Article 122.- Municipalities will enjoy autonomy for the administration of their finances. The National Budget Law may allocate resources to meet their expenses, without prejudice to the income directly conferred by law or granted by the respective regional governments. A constitutional organic law will contemplate a mechanism of solidarity redistribution of the own income between the municipalities of the country with the denomination of common municipal fund. The rules of distribution of this fund will be subject of law.

General disposition Article 123.- The law shall establish coordination formulas for theadministration of all or some of the municipalities, with respect to the problems that are common to them, as well as between the municipalities and the other public services.

Without prejudice to the provisions of the preceding paragraph, the respective constitutional organic law will regulate the administration of metropolitan areas, and will establish the conditions and formalities that allow conferring said quality to certain territories.

Article 124.- To be elected regional governor, regional councilor, mayor or councilor and to be appointed regional presidential delegate or provincial presidential delegate, it will be required to be a citizen with the right to vote, to have the other suitability requirements that the law indicates, in its case, and reside in the region for at least the last two years prior to their appointment or election.

The positions of regional governor, regional councilor, mayor, councilor, regional presidential delegate and provincial presidential delegate will be incompatible with each other.

The position of regional governor is incompatible with any other employment or commission paid with funds from the Treasury, from the municipalities, from autonomous, semi-fiscal or state-owned tax entities or from which the Treasury has intervention for capital contributions, and with any other function or commission of the same nature. Teaching jobs and functions or commissions of equal character of higher, secondary and special education are excluded, within the limits established by law. Likewise, the position of regional governor is incompatible with the functions of directors or advisors, even if they are ad honorem, in autonomous, semi-fiscal or state-owned fiscal entities, or in which the State has participation for capital contributions.

By the sole fact of his proclamation by the Qualifying Court of Elections, the elected regional governor will cease in any other position, employment or commission he performs.

No regional governor, from the moment of his proclamation by the Qualifying Court of Elections, may be appointed for a job, function or commission referred to in the preceding paragraphs. Notwithstanding the foregoing, this provision does not apply in case of foreign war; but only the positions conferred in a state of war are compatible with the functions of regional governor.

No regional governor, regional presidential delegate or provincial presidential delegate, from the day of his election or appointment, as the case may be, charged or deprived of his liberty, except in the case of flagrant crime, if the Court of Appeal of the respective jurisdiction , in full, does not previously authorize the accusation stating that there is room for the formation of cause. This resolution may be appealed to the Supreme Court.

If a regional governor, regional presidential delegate or provincial presidential delegate is arrested for flagrant crime, he will be immediately placed at the disposal of the respective Court of Appeal, with the corresponding summary information. The Court will then proceed in accordance with the provisions of the preceding paragraph.

From the moment in which it is declared, by firm resolution, to have a place for formation of cause, the regional governor, regional presidential delegate or imputed provincial presidential delegate is suspended from office and subject to the competent judge.

Article 125.- The respective constitutional organic laws shall establish the grounds for cessation in the positions of regional governor, mayor, regional councilor and councilor.

However, the aforementioned authorities that have seriously violated the rules on transparency, limits and control of electoral expenditure will cease in their positions, from the date declared by a final decision by the Qualifying Court of Elections, at the request of the Electoral Service Board of Directors. A constitutional organic law will indicate the cases in which there is a serious infraction.

Likewise, whoever loses the position of regional governor, mayor, regional counselor or councilor, in accordance with the provisions of the preceding paragraph, may not qualify for any function or public employment for a term of three years, nor may he be a candidate for office. of popular election in the two electoral acts immediately following its cessation.

Article 126.- The law shall determine how to resolve the competition issues that may arise between national, regional, provincial and communal authorities.

It will also establish how to resolve the discrepancies that occur between the regional governor and the regional council, as well as between the mayor and the council.

Special Provisions Article 126 bis.- Special territories are those corresponding to Easter Island and the Juan Fernández Archipelago. The Government and Administration of these territories will be governed by the special statutes established by the respective constitutional organic laws.

The rights to reside,remain and move to and from any place of the Republic, guaranteed in numeral 7 of article 19, shall be exercised in said territories in the manner determined by the special laws that regulate their exercise, which shall be of qualified quorum.

CHAPTER XV REFORM OF THE CONSTITUTION AND PROCEDURE TO PREPARE A NEW CONSTITUTION OF THE REPUBLIC[edit]

Constitution Reform

Article 127.- The reform projects of the Constitution may be initiated by message of the President of the Republic or by motion of any of the members of the National Congress, with the limitations indicated in the first paragraph of article 65.

The reform bill will need to be approved in each House the assent vote of three fifths of the deputies and senators in office. If the reform falls on chapters I, III, VIII, XI, XII or XV, it will need, in each Chamber, the approval of two thirds of the deputies and senators in office.

In matters not provided for in this Chapter, the rules on the formation of the law shall be applicable to the processing of the constitutional reform projects, the quorums indicated in the preceding paragraph must always be respected.

Article 128.- The project approved by both Chambers will be passed to the President of the Republic.

If the President of the Republic totally rejects a reform project approved by both Houses and they insist entirely by two thirds of the members in exercise of each Chamber, the President must promulgate said project, unless he / she consults the citizens by plebiscite.

If the President partially observes a reform project approved by both Chambers, the observations shall be deemed approved by the assent of three fifths or two thirds of the members in exercise of each Chamber, as appropriate in accordance with the preceding article, and will be returned to the President for promulgation.

In the event that the Chambers do not approve all or some of the President's observations, there will be no constitutional reform on the points in discrepancy, unless both Chambers insist on the two-thirds of their members in exercise in the part of the project approved by them . In the latter case, the part of the project that has been the subject of insistence for its promulgation will be returned to the President, unless he asks the public to pronounce himself by means of a plebiscite, regarding the issues in disagreement.

The constitutional organic law relative to the Congress will regulate the rest regarding the vetoes of the reform projects and their processing in the Congress.

Article 129.- The call to a plebiscite must be made within thirty days following that in which both Chambers insist on the project approved by them, and shall be ordered by supreme decree that will set the date of the plebiscitary vote, which shall be held one hundred twenty days after the publication of said decree if that day corresponds to a Sunday. If this is not the case, she will be held on the following Sunday. After this period has elapsed without the President summoning a plebiscite, the project approved by Congress will be promulgated.

The decree of convocation will contain, as appropriate, the project approved by both Houses and totally vetoed by the President of the Republic, or the issues of the project in which Congress has insisted. In the latter case, each of the issues in disagreement must be voted separately in the referendum.

The Qualifying Court shall notify the President of the Republic of the result of the referendum, and specify the text of the project approved by the citizenry, which must be promulgated as a constitutional amendment within five days of said communication.

Once the project is promulgated and from the date of its validity, its provisions will be part of the Constitution and will be considered incorporated into it.

Of the procedure to elaborate a New Political Constitution of the Republic


Article 130.- Of the National Plebiscite.

Three days after the entry into force of this article, the President of the Republic shall convene by means of a supreme decree exempt a national plebiscite for April 26, 2020.

In the aforementioned referendum, citizens will have two electoral cards. The first will contain the following question: "Do you want a New Constitution?" Under the question raised there will be two horizontal stripes, one next to the other. The first line will have in its lower part the expression "I approve" and the second, the expression "Rejection", so that the voter can mark his preference over one of the alternatives.

The second card will contain the question: "What kind of body should write the New Constitution?". Under the question raised there will be two horizontal stripes, one next to the other. The first one will have in its lower part the expression "Constitutional Mixed Convention" and the second, the expression "Constitutional Convention". Under the expression "Constitutional Mixed Convention" the sentence will be incorporated: "Integrated in equal parts by members elected popularly and parliamentarians or parliamentarians in exercise." Under the expression "Constitutional Convention" sand it will incorporate the sentence: "Integrated exclusively by popularly elected members", so that the voter can mark his preference over one of the alternatives.

For the purpose of this plebiscite, the relevant provisions contained in the following legal bodies will be applied, in their current text as of January 1, 2020:

a) Decree with force of law No. 2, of the year 2017, of the Ministry General Secretariat of the Presidency, which establishes the consolidated, coordinated and systematized text of Law No. 18,700, constitutional organic on Popular Voting and Scrutiny, in the following passages: Paragraph V, Paragraph VI, with the exception of the sixth subsection of article 32 and second to fourth subsections of article 33, Paragraph VII, VIII, IX, X and XI of Title I; Title II to X inclusive; Title XII and XIII;

b) Decree with force of law No. 5, of the year 2017, of the Ministry General Secretariat of the Presidency, which establishes the consolidated, coordinated and systematized text of Law No. 18,556, constitutional organic on Electoral Registration System and Electoral Service;

c) Decree with force of law No. 4, of the year 2017, of the Ministry General Secretariat of the Presidency, which establishes the consolidated, coordinated and systematized text of Law No. 18,603, constitutional organic of Political Parties, in the following passages: Title I , V, VI, IX and X.

Free-to-air television channels must allocate free thirty minutes a day of their broadcasts to electoral propaganda on this referendum, and must give expression to the two options contemplated in each ID, in accordance with an agreement that will be adopted by the National Television Council and will be published in the Official Gazette, within thirty days from the publication of the call to the national referendum, respecting a strict equality of promotion of the plebiscited options. This agreement may be claimed before the Qualifying Court of Elections within three days of its publication. The Qualifying Court of Elections will summarize the claim within a period of five days from the date of their respective interposition.

The Qualifying Court of Elections will be aware of the general scrutiny and will proclaim approved the issues that have obtained more than half of the validly cast votes. For these purposes, null and white votes will be considered as not cast. The qualification process of the national plebiscite must be completed within thirty days following its date. The sentence of proclamation of the plebiscite will be communicated within three days of its delivery to the President of the Republic and the National Congress.

If the citizenship has approved to elaborate a New Constitution, the President of the Republic must summon, by means of supreme exempt decree, within the five days following the communication referred to in the previous paragraph, at the election of the members of the Constitutional Mixed Convention or Constitutional Convention, as appropriate. This election will take place on the same day as the elections of mayors, councilors and regional governors corresponding to the year 2020.

Article 131.- Of the Convention.

For all purposes of this heading, it will be understood that the word "Convention" without further reference refers to the Constitutional Mixed Convention and the Constitutional Convention, without distinction.

The members of the Convention will be called Constitutional Constituents.

In addition to the provisions of articles 139, 140 and 141 of the Constitution, to the election of Constitutional Constitutions referred to in the final paragraph of article 130, the provisions relevant to the election of deputies, contained in the following bodies, shall apply legal, in its current text as of June 25, 2020:

a) Decree with force of law No. 2, of the year 2017, of the Ministry General Secretariat of the Presidency, which establishes the consolidated, coordinated and systematized text of Law No. 18,700, constitutional organic on Popular Voting and Scrutiny;

b) Decree with force of law No. 5, of the year 2017, of the Ministry General Secretariat of the Presidency, which establishes the consolidated, coordinated and systematized text of Law No. 18,556, constitutional organic on Electoral Registration System and Electoral Service;

c) Decree with force of law No. 4, of the year 2017, of the Ministry General Secretariat of the Presidency, which establishes the consolidated, coordinated and systematized text of Law No. 18,603, constitutional organic of Political Parties;

d) Decree with force of law No. 3, of the year 2017, of the Ministry General Secretariat of the Presidency, which establishes the consolidated, coordinated and systematized text of Law No. 19,884, on Transparency, Limit and Control of Electoral Expenditure.

The qualification process for the election of Constitutional Constituents mustto conclude within thirty days following its date. The proclamation sentence will be communicated within three days of its delivery to the President of the Republic and the National Congress.

Article 132.- Of the requirements and incompatibilities of the candidates.

Citizens who meet the conditions contemplated in article 13 of the Constitution may be candidates for the Convention.

No other requirement, disability or prohibition shall apply to candidates for this election, except those established in this section and with the exception of the rules on affiliation and independence of the candidates established in Article 5, fourth and sixth subsections, of the decree with force of law No. 2, of the year 2017, of the Ministry General Secretariat of the Presidency, which sets the consolidated, coordinated and systematized text of Law No. 18,700, constitutional organic on Popular Voting and Scrutiny.

The Ministers of State, the mayors, the governors, the mayors, the regional councilors, the councilors, the undersecretaries, the regional ministerial secretaries, the heads of service, the members of the Central Bank Council, the members of the Electoral Service Council, the members and officials of the different ranks of the Judiciary, of the Public Ministry, of the Comptroller General of the Republic, as well as those of the Constitutional Court, of the Court of Defense of Free Competition, of the Court of Public Procurement, of the Qualifying Court of Elections and regional electoral tribunals; the councilors of the Council for Transparency, and the active members of the Armed Forces and of Public Order and Security, who declare their candidacies to members of the Convention, will cease their positions for the only ministry of the Constitution, from the moment in which their candidacies are registered in the Special Registry referred to in the first paragraph of article 21 of the decree with force of law No. 2, of the year 2017, of the Ministry General Secretariat of the Presidency, which sets the consolidated, coordinated and systematized text of the Law No. 18,700. The foregoing provisions shall apply to senators and deputies only with respect to the Constitutional Convention.

The persons who hold a managerial position of union or neighborhood nature must suspend said functions from the moment that their candidacies are registered in the Special Registry mentioned in the previous paragraph.

Article 133.- On the operation of the Convention.

Within three days of receiving the communication referred to in the final paragraph of article 131, the President of the Republic shall convene, by means of a supreme exempt decree, to the first session of the installation of the Convention, also indicating the place of the call. In case of not pointing it out, it will be installed at the headquarters of the National Congress. Said installation must be carried out within fifteen days after the date of publication of the decree.

In its first session, the Convention must elect a President and a Vice President by an absolute majority of its members in office.

The Convention must approve the rules and regulations for voting by a quorum of two thirds of its members in exercise.

The Convention may not alter the quorum or procedures for its operation and for the adoption of agreements.

The Convention must constitute a technical secretariat, which will be formed by persons of proven academic or professional suitability.

It shall be the responsibility of the President of the Republic, or the bodies that he determines, to provide the technical, administrative and financial support necessary for the installation and operation of the Convention.

Article 134.- Constitutional Constitutional Statute.

The provisions of articles 51 shall apply to the members of the Convention, with the exception of the first and second subsections; 58, 59, 60 and 61.

From the proclamation of the Qualifying Court of Elections, public officials, with the exception of those mentioned in the third paragraph of article 132, as well as workers of state enterprises, may use a permit without remuneration while serving to the Convention, in which case the provisions of the first paragraph of article 58 of the Constitution shall not apply to them.

The Constitutional Constitutions will be subject to the norms of Law No. 20,880, on probity in the public service and prevention of conflicts of interest, applicable to deputies, and Law No. 20,730, which regulates the lobby and the procedures that represent particular interests. before the authorities and officials.

The positions of parliamentarian and members of the Constitutional Mixed Convention will be compatible. The deputies and senators who integrate this convention will be exempted from their obligation to attend the sessionsof room and commission of the Congress during the period in which this one stays in operation. The National Congress may incorporate organizational measures for adequate legislative work while the Constitutional Mixed Convention is in operation.

The members of the Convention, with the exception of the parliamentarians that integrate it, will receive a monthly remuneration of 50 monthly tax units, in addition to the assignments established in the Regulations of the Convention. These assignments will be administered by an external committee that determines the same Regulation.

Article 135.- Special provisions.

The Convention may not intervene or exercise any other function or attribution of other organs or authorities established in this Constitution or in the laws.

While the New Constitution does not enter into force in the manner established in this section, this Constitution will remain fully in force, without the Convention being able to deny it authority or modify it.

In accordance with article 5, first paragraph, of the Constitution, while the Convention is in operation, sovereignty resides essentially in the Nation and is exercised by the people through the plebiscites and periodic elections that the Constitution and laws determine and, also , by the authorities that this Constitution establishes. It will be prohibited to the Convention, to any of its members or to a fraction of them, to attribute the exercise of sovereignty, assuming other powers than those expressly recognized by this Constitution.

The text of the New Constitution that is submitted to a plebiscite must respect the character of the Republic of the State of Chile, its democratic regime, the final and final judicial sentences and the international treaties ratified by Chile and that are in force.

Article 136.- Of the claim.

An infringement of the rules of procedure applicable to the Convention, contained in this section and those of procedure arising from the general agreements of the Convention itself may be claimed. In no case may claim on the content of the texts being prepared.

Five Ministers of the Supreme Court will be aware of this claim, chosen by lot by the same Court for each issue raised.

The claim must be signed by at least a quarter of the members in exercise of the Convention and will be brought before the Supreme Court, within a period of five days after the alleged vice was learned.

The claim must indicate the defect claimed, which must be essential, and the damage it causes.

The procedure for the knowledge and resolution of the claims will be established in an Agreed Order that will be adopted by the Supreme Court, which may not be subject to the control established in article 93 number 2 of the Constitution.

The sentence that accepts the claim can only annul the act. In any case, it must be resolved within the next ten days from when the matter was entered into. Against the resolutions referred to in this article, no action or recourse will be admitted.

No authority, or court, may know actions, claims or remedies related to the tasks assigned by the Constitution to the Convention, outside the provisions of this article.

The claim referred to in this article may not be filed with respect to the final paragraph of article 135 of the Constitution.

Article 137.- Extension of the term of operation of the Convention.

The Convention must write and approve a proposed New Constitution text within a maximum period of nine months, counted from its installation, which may be extended, only once, for three months.

The aforementioned extension may be requested by the President of the Convention or by a third of its members, with an anticipation not exceeding fifteen days or after five days prior to the expiration of the nine-month term. Once the request has been submitted, a special session will be immediately cited, in which the Presidency must give a public account of the progress in the elaboration of the proposed New Constitution text, with which the term will be understood as extended without further processing. All these circumstances must be recorded in the respective minutes. The extension period will start running the day after the one in which the original term expires.

Once the proposed New Constitution text has been drafted and approved, or the deadline or its extension has expired, the Convention will be dissolved in its own right.

Article 138.- Of the transitory norms.

The Convention may establish special provisions for the entry into force of any of the rules or chapters of the New Constitution.

The New Constitution may not terminate the period of the elected authorities in a popular vote, unless those institutions that make upn are deleted or subject to substantial modification.

The New Constitution shall establish the manner in which the other authorities established by this Constitution shall cease or continue in their functions.

Article 139.- On the integration of the Constitutional Mixed Convention.

The Constitutional Joint Convention will be composed of 172 members, of which 86 will correspond to elected citizens especially for these purposes and 86 parliamentarians who will be elected by the Plenary Congress, consisting of all senators and deputies in office, who may present lists or pacts electoral, and will be chosen according to the system established in article 121 of the decree with force of law No. 2, of 2017, of the Ministry General Secretariat of the Presidency, which sets the consolidated, coordinated and systematized text of law No. 18,700, Constitutional Law on Popular Voting and Scrutiny, in regard to the election of deputies.

Article 140.- On the electoral system of the Constitutional Mixed Convention.

In the case of Constitutional Non-parliamentary Constituents, these will be chosen according to the rules enshrined in article 121 of the decree with force of law No. 2, of 2017, of the Ministry General Secretariat of the Presidency, which sets the consolidated text, coordinated and systematized of the law Nº 18.700, constitutional organic on Popular Voting and Scrutiny, in its text in force as of June 25, 2020 and articles 187 and 188 of the same legal body will be applicable, with the following modifications:

1st District that will choose 2 Constitutional Constituents;

2nd District that will choose 2 Constitutional Constituents;

3rd District that will elect 3 Constitutional Constituents;

4th District that will elect 3 Constitutional Constituents;

5th District that will choose 4 Constitutional Constituents;

District 6 that will choose 4 Constitutional Constituents;

District 7 that will choose 4 Constitutional Constituents;

8th District that will choose 4 Constitutional Constituents;

District 9 that will choose 4 Constitutional Constituents;

District 10 that will choose 4 Constitutional Constituents;

11th District that will elect 3 Constitutional Constituents;

District 12 that will choose 4 Constitutional Constituents;

District 13 that will elect 3 Constitutional Constituents;

14th District that will elect 3 Constitutional Constituents;

15th District that will elect 3 Constitutional Constituents;

16th District that will choose 2 Constitutional Constituents;

District 17 that will choose 4 Constitutional Constituents;

18th District that will choose 2 Constitutional Constituents;

District 19 that will elect 3 Constitutional Constituents;

District 20 that will choose 4 Constitutional Constituents;

21st District that will elect 3 Constitutional Constituents;

22nd District that will choose 2 Constitutional Constituents;

23rd District that will choose 4 Constitutional Constituents;

24th District that will elect 3 Constitutional Constituents;

25th District that will choose 2 Constitutional Constituents;

26th District that will elect 3 Constitutional Constituents;

27th District that will choose 2 Constitutional Constituents; Y

28th District that will choose 2 Constitutional Constituents.

Article 141.- On the integration of the Constitutional Convention.

The Constitutional Convention will consist of 155 citizens elected especially for these purposes. For this, the electoral districts established in articles 187 and 188, and the electoral system described in article 121, all of the decree with force of law No. 2, of the year 2017, of the Ministry General Secretariat of the Presidency, which sets the consolidated, coordinated and systematized text of Law No. 18,700, constitutional organic on Popular Voting and Scrutiny, in regard to the election of deputies, to its current text as of June 25, 2020.

The members of the Constitutional Convention may not be candidates for positions of popular election while exercising their functions and up to one year after they cease their positions in the Convention.

Article 142.- Constitutional Plebiscite.

Communicated to the President of the Republic of the proposed constitutional text approved by the Convention, the latter must convene within three days following said communication, by means of an exempt supreme decree, a constitutional national plebiscite for the citizenship to approve or reject the proposal.

The suffrage in this plebiscite will be mandatory for those with electoral domicile in Chile.

The citizen who will not pay will be punished with a fine to municipal benefit of 0.5 to 3 monthly tax units.

The citizen who has stopped fulfilling his obligation due to illness, absence of the country, will not incur this sanction, being on the day of the referendum in a place located more than two hundred kilometers from the one where his electoral domicile is registered or for another serious impediment , properly checkdo before the competent judge, who will appreciate the test according to the rules of sound criticism.

The persons that during the realization of the national constitutional plebiscite perform functions entrusted by the decree with force of law No. 2, of the year 2017, of the Ministry General Secretariat of the Presidency, which sets the consolidated, coordinated and systematized text of law No. 18,700, Constitutional Law on Popular Voting and Scrutiny, will be exempted from the sanction established in this article by sending to the competent judge a certificate attesting to this circumstance.

The knowledge of the infraction indicated will correspond to the local police judge of the commune where such infractions were committed, in accordance with the procedure established in Law No. 18,287.

In the aforementioned referendum, citizens will have an election card that will contain the following question, as appropriate to the Convention proposed by the text: "Do you approve the text of the New Constitution proposed by the Constitutional Joint Convention?" or "Do you approve the text of the New Constitution proposed by the Constitutional Convention?" Under the question raised there will be two horizontal stripes, one next to the other. The first one, will have in its lower part the expression "I approve" and the second, the word "Rejection", so that the voter can mark his preference on one of the alternatives.

This referendum must be celebrated sixty days after the publication in the Official Gazette of the supreme decree referred to in the first paragraph, if that day was Sunday, or the Sunday immediately following. However, if in conformity with the previous rules the date of the referendum is in the period between sixty days before or after a popular vote of those referred to in articles 26, 47 and 49 of the Constitution, the day of the referendum It will be delayed until the following Sunday immediately following. If, as a result of the application of the preceding rule, the plebiscite falls in the month of January or February, the plebiscite will be held on the first Sunday of March.

The qualification process of the national plebiscite must be completed within thirty days following its date. The sentence of proclamation of the plebiscite will be communicated within three days of its delivery to the President of the Republic and the National Congress.

If the question posed to citizenship in the national constitutional referendum is approved, the President of the Republic must, within five days following the communication of the sentence referred to in the preceding paragraph, convene the Plenary Congress so that, in an act public and solemn, promulgated and sworn or promised to respect and abide by the New Political Constitution of the Republic. Said text will be published in the Official Gazette within ten days after its promulgation and will enter into force on that date. As of this date, the present Political Constitution of the Republic will be repealed, whose consolidated, coordinated and systematized text is established in Supreme Decree No. 100 of September 17, 2005.

The Constitution must be printed and distributed free of charge to all educational establishments, public or private; municipal libraries, universities and state bodies. The judges and magistrates of the higher courts of justice must receive a copy of the Constitution.

If the question posed to citizens in the ratification plebiscite is rejected, this Constitution will continue in force.

Article 143.- Referral.

The provisions of paragraphs four to six of article 130 shall apply to the constitutional plebiscite.

TRANSITORY PROVISIONS[edit]

FIRST.- While the provisions that comply with the provisions of the third subsection of number 1 of article 19 of this Constitution, the legal provisions currently in force will continue to be enforced.

SECOND.- While the new Mining Code is dictated, which shall regulate, among other matters, the form, conditions and effects of the mining concessions referred to in paragraphs seventh to tenth of number 24 of article 19 of this Political Constitution, Mining rights holders will continue to be governed by the legislation that is in force at the time this Constitution enters into force, as concessionaires.

The mining rights referred to in the preceding subsection shall subsist under the rule of the new Code, but as regards their enjoyments and burdens and with regard to their extinction, the provisions of said new Mining Code shall prevail. This new Code must grant concessionaires a deadline to meet the new requirements established to deserve legal protection.

In the period between the moment in which this Constitution is put into effect and the one in which the new Mining Code enters into force, the constitution of mining rights with the concession character indicated in paragraphs seventh to tenth of the number 24 of the Article 19 of this Constitution will continue to be governed by current legislation, as will the concessions granted.

THIRD.- The great copper mining and the companies considered as such, nationalized by virtue of what is prescribed in provision 17a. of the Political Constitution of 1925, will continue to be governed by the constitutional norms in force at the date of promulgation of this Constitution.

FOUR.- It will be understood that the laws currently in force on matters that under this Constitution must be subject to constitutional organic laws or approved with a qualified quorum, meet these requirements and will continue to apply in what is not contrary to the Constitution, as long as it is not the corresponding legal bodies dictate.

FIFTH.- Notwithstanding the provisions of number 6 of article 32, the legal precepts that at the date of promulgation of this Constitution have governed matters not included in article 63, while they are not expressly repealed by law.

SIXTH.- Without prejudice to the provisions of the third subsection of the number 20 of article 19, the legal provisions that have established taxes affecting a specific destination shall remain in force, as long as they are not expressly repealed.

SEVENTH.- The particular pardon will always be appropriate with respect to the crimes referred to in article 9 committed before March 11, 1990. A copy of the respective Decree will be sent, in a reserved nature, to the Senate.

EIGHTH.- The norms of chapter VII "Public Prosecutor's Office" shall apply when the constitutional organic law of the Public Prosecutor's Office enters into force. This law may establish different dates for the entry into force of its provisions, as well as determine its gradual application in the various areas and regions of the country.

Chapter VII "Public Prosecutor's Office", the constitutional organic law of the Public Prosecutor's Office and the laws that, complementing said norms, modify the Organic Code of Courts and the Code of Criminal Procedure, shall apply exclusively to the events that occurred after the entry into validity of such provisions.

NINTH.- Notwithstanding the provisions of article 87, in the quina and in each of the lists that are formed to provide for the first time the positions of National Prosecutor and regional prosecutors, the Supreme Court and the Courts of Appeals may include , respectively, to an active member of the Judiciary.

TENTH.- The attributions granted to the municipalities in article 121, relative to the modification of the organizational structure, of personnel and of remuneration, will be applicable when the modalities, requirements and limitations for the exercise of these new ones are regulated in the respective law. competencies

ELEVENTH.- In the year following the date of publication of this constitutional reform law, those who have served as President of the Republic, Deputy, Senator, Minister of State, Mayor may not appear on the payrolls. , governor or mayor.

TWELFTH.- The term of office of the President of the Republic in office shall be six years, and may not be re-elected for the following period.

THIRTEENTH.- The Senate shall consist only of elected senators in accordance with article 49 of the Political Constitution of the Republic and the Constitutional Organic Law on Popular Voting and Scrutiny currently in force.

Modifications to the Constitutional Organic Law on Popular Voting and Scrutiny that relate to the numberro of senators and deputies, the existing constituencies and districts, and the current electoral system, will require the assent of three fifths of the deputies and senators in office.

FOURTEEN.- The replacement of the current Ministers and the appointment of the new members of the Constitutional Court shall be carried out in accordance with the following rules:

The current Ministers appointed by the President of the Republic, the Senate, the Supreme Court and the National Security Council will remain in office until the end of the period for which they were appointed or until they resign.

The replacement of the Ministers appointed by the National Security Council shall correspond to the President of the Republic.

The Senate will appoint three Ministers of the Constitutional Court, two directly and the third previously proposed by the Chamber of Deputies. The latter will last in office until the same day that the one currently appointed by the Senate or who replaces it in accordance with the seventh paragraph of this article ceases, and may be re-elected.

The current Ministers of the Supreme Court who are in turn of the Constitutional Court, will be temporarily suspended in the exercise of their positions in said Court, six months after the present constitutional reform is published and without affecting their civil rights. They will resume those charges at the end of the period for which they were appointed in the Constitutional Court or when they cease in the latter for any reason.

The Supreme Court shall nominate, in accordance with letter c) of Article 92, the lawyers indicated to the extent that the corresponding vacancies are generated. However, the first of them will be appointed for three years, the second for six years and the third for nine years. The one who has been appointed for three years may be re-elected.

If any of the current Ministers not contemplated in the preceding paragraph shall cease their position, they shall be replaced by the authority indicated in letters a) and b) of Article 92, as appropriate, and their period shall last for the remainder of their predecessor, and may These will be reelected.

Ministers appointed in accordance with this provision shall be appointed prior to December 11, 2005 and shall become operational on January 1, 2006.

FIFTEENTH.- The international treaties approved by the National Congress prior to the entry into force of this constitutional reform, which deal with matters that under the Constitution must be approved by the absolute majority or four-seventh parts of the deputies and senators In exercise, it will be understood that they have met these requirements.

The contests of jurisdiction currently held before the Supreme Court and those that are until the entry into force of the amendments to Chapter VIII, will continue to be filed in said body until its total processing.

The proceedings initiated, ex officio or at the request of the party, or that are initiated in the Supreme Court to declare the inapplicability of a legal precept for being contrary to the Constitution, prior to the application of the reforms to Chapter VIII, will continue to be known and resolution of that Court until its full term.

SIXTEENTH.- The reforms introduced to Chapter VIII come into force six months after the publication of this constitutional reform with the exception of what is regulated in the fourteenth provision.

SEVENTH.- The Order and Public Security Forces will continue to be dependent on the Ministry responsible for National Defense until the new law created by the Ministry responsible for Public Security is enacted.

EIGHTEENTH.- The modifications set forth in article 57, No. 2, will take effect after the next general election of parliamentarians.

EIGHTEEN.- However, the amendment to Article 16 No. 2 of this Constitution, the right of suffrage of persons prosecuted for events prior to June 16, 2005, for crimes that deserve affliction or for crimes that the law will also be suspended Qualify as terrorist behavior.

TWENTY.- As long as the special courts referred to in the fourth paragraph of number 16 of Article 19 do not believe, claims motivated by the ethical conduct of professionals who do not belong to professional associations will be known by the ordinary courts.

TWENTY-FIRST.- The reform introduced in number 10 of article 19, which establishes the obligation of the second level of transition and the duty of the State to finance a free system from the lower middle level, aimed at ensuring access to it and its levels superiors, will come into force gradually, in the manner provided by law.

TWENTY-TWO.- While the special statutes referred to in article 126 bis do not come into force, the special territories of Easter Island and Juan Fernández Archipelago continueIt is governed by the common norms in the matter of political-administrative division and of government and internal administration of the State.

TWENTY-THIRD. The reforms introduced to articles 15 and 18 on voluntariness of the vote and incorporation to the electoral registry by the only ministry of the law, will govern when the respective constitutional organic law referred to in the second subsection of article 18 referred to in force becomes effective. introduce through these reforms.

TWENTY-FOURTH.- The State of Chile may recognize the jurisdiction of the International Criminal Court under the terms set forth in the treaty approved in the city of Rome, on July 17, 1998, by the United Nations Diplomatic Conference of Plenipotentiaries on the establishment of said Court.

In making that recognition, Chile reaffirms its preferential power to exercise its criminal jurisdiction in relation to the jurisdiction of the Court. The latter will be a subsidiary of the first, under the terms set forth in the Rome Statute that created the International Criminal Court.

The cooperation and assistance between the competent national authorities and the International Criminal Court, as well as the judicial and administrative procedures that may take place, will be subject to the provisions of Chilean law.

The jurisdiction of the International Criminal Court, in the terms provided in its Statute, may only be exercised in respect of crimes within its jurisdiction whose execution principle is subsequent to the entry into force of the Rome Statute in Chile.

TWENTY-FIFTH.- The modification introduced in the fourth subsection of article 60, shall enter into force after one hundred and eighty days after the publication of this law in the Official Gazette.

TWENTY-NEXT.- The mandate of the regional councilors in office at the date of publication of this constitutional reform, and that of their respective alternates, is extended until March 11, 2014.

The first election by universal suffrage by direct vote of the regional councilors referred to in the second paragraph of article 113 will be held in conjunction with the elections of President of the Republic and Parliamentarians, on November 17, 2013.

For this purpose, the adjustments to the respective constitutional organic law must enter into force before July 20, 2013.

TWENTY-SEVENTH.- Notwithstanding the provisions of article 94 bis, the current directors of the Electoral Service Board of Directors will cease their positions according to the periods for which they were appointed. The new directors that correspond to designate the year 2017 will last in their positions six and eight years each, according to what the President of the Republic indicates in his proposal. Likewise, the new appointments that correspond to make the year 2021 will last in their positions six, eight and ten years each, according to what the President of the Republic indicates in his proposal. In both cases, the Head of State will formulate his proposal in a single act and the Senate will rule on the whole proposal.

Those who are currently in office may not be proposed for a new period, if with such extension they exceed the total ten year term in the performance of the position.

TWENTY-EIGHTH.- The first election by universal suffrage by direct vote of the regional governors will be verified in the opportunity indicated by the constitutional organic law referred to in the fourth and fifth subsections of article 111 and once the law establishing a new procedure of transfer of the powers referred to in article 114.

The period established in the second paragraph of article 113 may be adapted by the constitutional organic law indicated in the fourth and fifth paragraphs of article 111 so that the periods of exercise of regional governors and regional councilors coincide. This modification will require, for approval, the favorable vote of three fifths of the deputies and senators in office.

Once the elected regional governors take over, the presidents of the regional councils will cease their full duties, which will be assumed by the respective regional governor.

The elected regional governors, as soon as they assume, will have the functions and attributions that the laws expressly grant to the mayor as executive organ of the regional government. The remaining functions and powers that the laws give to the mayor will be understood as referring to the corresponding regional presidential delegate. Likewise, the functions and powers that the laws give to the governor will be understood as attributed to the provincial presidential delegate.

While the first elected regional governors do not assume, the constitutional provisions in force prior to the publication of this constitutional reform will be applicable to the positions of mayors and governors

TO BE ANNOTATED, CHECKED AND PUBLISHED.

RICARDO LAGOS ESCOBAR, President of the Republic.

Eduardo Dockendorff Vallejos, Minister and Secretary General of the Presidential Office.

Francisco Vidal Salinas, Minister of the Interior.

Ignacio Walker Prieto, Minister of Foreign Affairs.

Jaime Ravinet de la Fuente, Minister of National Defense.

Jorge Rodriguez Grossi, Minister of Economy, Development and Reconstruction and President of the National Energy Commission.

Nicolás Eyzaguirre, Minister of Finance. Sergio Bitar Chacra, Minister of Education.

Luis Bates Hidalgo, Minister of Justice.

Jaime Estévez Valencia, Minister of Public Works, of Transport and Communication

Jaime Campos Quiroga, Minister of Agriculture.

Yerko Ljubetic Godoy, Minister of Labor and Social Welfare. Pedro Garcia Aspillaga, Minister of Health.

Alfonso Dulanto Rencoret, Minister of Mining.

Sonia Tschorne Berestecky, Minister of Housing, Urbanism and National Property.

Osvaldo Puccio Huidobro, Minister and Secretary General of the Government. Yasna Provoste Campillay, Minister of Planning.

Copyright.svg PD-icon.svg This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.
Original:

This work is in the public domain in the U.S. because it is an edict of a government, local or foreign. See § 313.6(C)(2) of the Compendium II: Copyright Office Practices. Such documents include "legislative enactments, judicial decisions, administrative rulings, public ordinances, or similar types of official legal materials" as well as "any translation prepared by a government employee acting within the course of his or her official duties."

These do not include works of the Organization of American States, United Nations, or any of the UN specialized agencies. See Compendium III § 313.6(C)(2) and 17 U.S.C. 104(b)(5).


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A non-American governmental edict may still be copyrighted outside the U.S. Similar to {{PD-in-USGov}}, the above U.S. Copyright Office Practice does not prevent U.S. states or localities from holding copyright abroad, depending on foreign copyright laws and regulations.
 
Translation:

This work is in the public domain in the U.S. because it is an edict of a government, local or foreign. See § 313.6(C)(2) of the Compendium II: Copyright Office Practices. Such documents include "legislative enactments, judicial decisions, administrative rulings, public ordinances, or similar types of official legal materials" as well as "any translation prepared by a government employee acting within the course of his or her official duties."

These do not include works of the Organization of American States, United Nations, or any of the UN specialized agencies. See Compendium III § 313.6(C)(2) and 17 U.S.C. 104(b)(5).


Nuvola apps important.svg
A non-American governmental edict may still be copyrighted outside the U.S. Similar to {{PD-in-USGov}}, the above U.S. Copyright Office Practice does not prevent U.S. states or localities from holding copyright abroad, depending on foreign copyright laws and regulations.