Constitution

Chile 1980 Constitution (reviewed 2021)

Table of Contents

CHAPTER XI. ARMED FORCES, FORCES OF ORDER AND FORCES OF PUBLIC SAFETY

ARTICLE 101

The Armed Forces, dependent of the Ministry in charge of National Defense, are constituted uniquely and exclusively by the Army, the Navy and the Air Force. They exist or the defense of the country and are essential to national security.

Forces of Order and Public Security are integrated solely by Carabineros [Police] and Investigaciones. They compose the public force and exist to enforce the law, guarantee public order and internal public security, in the manner determined by their respective constitutional organic laws. They are dependent of the Ministry in charge of Public Security.

The Armed Forces and Carabineros, as armed forces, are essentially obedient and not deliberative. The dependent forces of the Ministries in charge of National Defense and Public Security are, additionally, professional hierarchical and disciplined.

ARTICLE 102

The incorporation into the staff and personnel of the Armed Forces and Carabineros can only be done through its own Academies, with the exception of professional ranks and of civilian employees determined by law.

ARTICLE 103

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

A law determines the Ministry or its dependent bodies that will exercise the supervision and control if arms. Equally, it shall also establish the public bodies in charge of monitoring the compliance of the provisions relative to the said control.

ARTICLE 104

The Commanders in Chief of the Army, of the Navy and of the Air Force, and the General Director of Carabineros will be designated by the President of the Republic from among the five general officers with most seniority, that possess the qualities that the respective institutional statutes require for those positions; they will last for four years in office, will not be able to be designated for a new period and will enjoy tenure in office.

The President of the Republic, by way of a substantiated decree and after informing the House of Representatives and the Senate, may call for the retirement of the Commanders in Chief of the Army, the Navy and the Air Force and the General Director of Carabineros, in its case, before the completion of their respective periods.

ARTICLE 105

The designations, promotions and retirements of the officers of the Armed Forces and Carabineros, will be made by supreme decree, in accordance with the respective constitutional organic law, which shall determine the respective basic norms, as well as the basic norms related to the professional career, incorporation to its ranks, security, seniority, command, command succession and budget of the Armed Forces and Carabineros.

The incorporation, designation, promotions and retirements in Investigaciones shall be performed in accordance with its organic law.