Constitution

Chile 2022 Draft Constitution

Table of Contents

TRANSITORY PROVISIONS

First

This Constitution shall enter into force from the date of its publication in the Official Gazette within ten days of its promulgation. As of this date, the Political Constitution of the Republic of 1980, promulgated by Decree-Law No. 3,464 of 1980, the consolidated, coordinated and systematized text of which is established in Supreme Decree No. 100 of 17 September 2005, its constitutional amendments, will be repealed. subsequent and their interpretative laws, notwithstanding to the rules contained in these transitional provisions.

Second

All current regulations shall remain in force as long as they are not repealed, modified or replaced, or as long as they are not declared contrary to the Constitution by the Constitutional Court in accordance with the procedure established in this Constitution. As soon as the Constitution is published, the heads of service of the organs of the State must adapt their internal regulations in accordance with the principle of constitutional supremacy. Within four years of the entry into force of this Constitution, the initiative to repeal the law contained in article 158 shall also proceed with respect to laws enacted prior to it.

Third

  1. The President of the Republic shall initiate the legislative process to bring electoral legislation into line with this Constitution within one year of its entry into force.
  2. If, one year before the date of elections for collegiate bodies provided for in this Constitution, electoral legislation has not been adapted for territorial determination, as well as for the equal integration of gender and seats reserved for indigenous peoples and nations; the elections shall be governed, for the only time, by the following rules:
    1. The Congress of Deputies will be composed of 155 representatives, plus representatives of seats reserved for indigenous peoples and nations. For the definition of electoral districts, the provisions of articles 187 and 188 of Law No. 18,700 will be followed, whose consolidated, coordinated and systematized text was established by Decree with the force of law No. 2, of 2017, of the Ministry General Secretariat of the Presidency.
    2. The regional assemblies shall be integrated in accordance with the provisions of articles 29 and 29 bis of Law No. 19,175, the consolidated, coordinated text of which This Constitution shall enter into force from the date of its publication in the Official Gazette within ten days of its promulgation. As of this date, the Political Constitution of the Republic of 1980, promulgated by Decree-Law No. 3,464 of 1980, the consolidated, coordinated and systematized text of which is established in Supreme Decree No. 100 of 17 September 2005, its constitutional amendments, will be repealed. subsequent and their interpretative laws, notwithstanding to the rules contained in these transitional provisions. 143 and systematized was established by decree with the force of law No. 1-19.175 of 2005 of the Ministry of the Interior. In the case of communal councils, the provisions of article 72 of Law No. 18,695 shall apply, the consolidated, coordinated and systematized text of which was established by Decree no . 1 of 2006 of the Ministry of the Interior.
    3. The Chamber of the Regions shall be composed of 3 representatives per region, who shall be elected in accordance with the constituencies established in article 190 of Law No. 18,700, the consolidated, coordinated and systematized text of which was established by decree with the force of law No. 2, of 2017, of the Ministry General Secretariat of the Presidency.
    4. To ensure gender balance, the provisions of the thirtieth transitional provision of the previous Constitution shall apply to the declaration of candidacies for the elections of the organs of popular representation, in accordance with the provisions of article 161. Likewise, in order to guarantee the equal integration of gender in the elections of each district, region and commune , the provisions of number 4 of the thirty-first transitional provision of the Previous constitution, following the mandate contained in article 6 paragraph 2. Only in the case of the Chamber of the Regions, this regulation will be applied when its national composition does not comply with the parity integration, in which case the gender correction will be applied starting with the region in which it has been assigned. one seat to the least voted percentage candidate from the least voted list.
    5. For the fulfillment of the integration of reserved seats of indigenous peoples and nations in these bodies, the rules established in the forty-third and following transitional provisions of the previous Constitution shall be applied, as appropriate and necessary. The Electoral Service will determine the origin and, where appropriate, the number of reserved seats that correspond to each body. In case of the integration of reserved seats, these will be considered above the number of representatives previously established with criteria of proportionality, parity and representativeness.
  3. The President of the Republic, within a period of one year from the entry into force of this Constitution, shall initiate the legislative process to regulate the creation and updating of the Indigenous Electoral Registry to referred to in Article 162 of this Constitution. The Electoral Service shall ensure the dissemination and logistical means necessary to facilitate the registration of indigenous voters.

Fourth

  1. The present authorities in exercise of the autonomous organs of the Constitution or special courts shall continue in their functions by the 144 period that corresponds to them in accordance with the rules in force at the time of their appointment, unless otherwise provided for in the transitional provisions of this Constitution.
  2. Until March 11, 2026, appointments related to the bodies created by this Constitution will be made in accordance with the requirements and procedures established in this Constitution by the Plenary Congress when it refers to the joint session of the Legislative Power. In other cases, the requirements and procedures provided for in the previous Constitution shall remain in force .

Fifth

  1. The rules of disabilities, incompatibilities and limits to re-election provided for in this Constitution shall govern for the authorities elected in the first electoral process held since the entry into force of this Constitution. Exceptionally, the authorities elected by popular vote that are in office will be subject to the re-election rules in force prior to the new Constitution. For these purposes, for the candidates for deputy, regional assemblyman, regional governor, mayor and councilor, the periods they have served as deputy or deputy, regional councilor, regional governor or governor, mayor or councilor or mayor and councillor, respectively. These authorities, until the end of their current period, shall not be subject to any supervening incapacities or incompatibilities.
  2. The President of the Republic elected for the period 2022-2026 may not stand for re-election for the following period and shall continue in office with the constitutional powers for which he or she was elected.

Sixth

  1. The rule of gender parity referred to in Article 6 shall be applicable to the collegiate bodies of popular election from the national, regional and local electoral process that is carried out immediately. after the entry into force of this Constitution, as appropriate. To this end, the Legislative Power must dictate or adapt the electoral law, considering the provisions of article 161.
  2. For collegiate bodies that are not renewed through electoral processes, as well as for the boards of directors of public and semi-public companies, the parity rule must be implemented in order to progressively from the new appointments and appointments that correspond, in accordance with the law.
  3. This form of implementation will not include the higher collegiate or managerial bodies of the Administration whose conformation is determined by a statute by reason of the position of the persons who compose them. The law shall establish the mechanisms that allow such superior collegiate or managerial bodies of the Administration to achieve parity in their composition.
  4. The integration of the new collegiate bodies and autonomous bodies must comply with the parity rule from their installation.
  5. It shall be the responsibility of the Office of the Comptroller General of the Republic to ensure compliance with gender parity in the governing and superior organs of the State Administration.

Seventh

Until March 11, 2026, the approval of the constitutional reform projects will require the favorable vote of four sevenths of the members of the Chamber of Deputies and the Senate. Constitutional amendment bils approved by the National Congress that substantially alter the matters indicated in article 384, paragraph 1, of this Constitution or the chapters on Nature and Environment and Transitional Provisions must be submitted to the ratification referendum on constitutional reform established in article 384. If the reform bill is approved by two-thirds of the members of both Houses, it will not be submitted to such a referendum.

Eighth

  1. The legislative procedure regulated in this Constitution will enter into regime on March 11, 2026. Until then, the legislative process will be governed by the legislative procedure in force prior to the publication of this Constitution, except as provided in articles 270 paragraph 1 and 271, and the initiative popular and indigenous referred to in article 269, paragraph 1, which shall enter into force together with this Constitution. For the purposes of calculating the quorum, it will be understood that the reference to the Congress of Deputies and the Chamber of the Regions is to the Chamber of Deputies and the Senate, respectively.
  2. The processing of bills that deal with the matters of regional agreement indicated in article 268 of this Constitution and that have not been dispatched by March 11, 2026 will continue in accordance with the new rules. With respect to the remaining bills that are being processed in the Senate, it will be presumed that the Chamber of the Regions has requested their revision in accordance with the provisions of Article 273.

Ninth

The assets, rights and obligations of the Chamber of Deputies will be transferred to the Congress of Deputies, without a solution of continuity. 145 146 and Deputies. The same shall apply to the assets, rights and obligations of the Senate, which shall be transferred to the Chamber of the Regions.

Tenth

The competent bodies must make within one year the necessary modifications to enable the exercise of the right to vote for Chileans abroad in the terms established in this Constitution.

Eleventh

  1. As long as the respective laws on the Armed Forces regulating the procedure for the appointment and duration of their institutional authorities are not issued or modified , the commanders-in-chief of the Army, Navy and Air Force shall be appointed by the President of the Republic from among the five most senior general officers, considering the other requirements laid down in the relevant institutional statutes. They will last four years in their functions, they may not be appointed for a new term and they may be removed by the President of the Republic in the terms established by this Constitution.
  2. As long as the laws that adapt the functions of the Armed Forces are not issued, the legal precepts that establish the State powers of maritime control and air navigation will remain in force.

Twelfth

  1. As long as the respective law of the Carabineros de Chile that regulates the procedure for the appointment and duration of the general director of the Carabineros is not issued or modified, he will be appointed by the President of the Republic from among the five most senior general officers, considering the other requirements established in the corresponding institutional statute. He shall remain in office for four years, may not be appointed for a new term and may be removed by the President of the Republic under the terms established by this Constitution.
  2. As long as the laws that adapt the functions of the police are not enacted , the legal precepts that establish the State powers of maritime control and air navigation will remain in force.

Thirteenth

  1. The presidential term that began in March 2022 will end on March 11 , 2026, the day on which the next presidential term will begin. This election will be held in November 2025, as contemplated in article 281 of this Constitution.
  2. The ordinary legislature beginning on March 11, 2022 will end on March 11 , 2026. The current members of the Senate will end their terms on March 11, 2026 and may run for election to the Congress of Deputies and the Chamber of the Regions to be held in November 2025, where the deputies and regional representatives who will exercise their functions from March 11, 2026 will be elected. If they are elected in the elections held in 2025 to serve as regional representatives in the Chamber of Regions, this legislature will be considered as its first period in office. The regional representatives that make up the Chamber of Regions will be elected, for this one time, to exercise their positions for a term of three years.
  3. Regional governors who began their term in 2021 and regional councillors who began their term in 2022 will end their terms on 6 January 2025. The election of regional governors and regional assemblymen will be held in October 2024 and their terms will begin on January 6, 2025.
  4. The term of mayors and councillors starting in 2021 will end on December 6, 2024, the day on which the term of office of elected mayors and councilors will begin in October 2024.

Fourteenth

As long as the legislator does not determine the urgency with which the popular initiatives of law contained in article 157 of this Constitution will be processed, the urgency will be applied. simple indicated in article 27 of Law No. 18,918. Likewise, the Electoral Service, within a maximum period of three months, will dictate the instructions and guidelines necessary for the implementation of this mechanism of popular participation and the initiative to repeal the law contemplated in the article 158.

Fifteenth

The legislator and the organs of the State Administration must adapt the content of the regulations relating to the organization, operation and integration of the organs of the regional State and its territorial entities, transfers of powers and the general minimums for communal statutes in no less than six months before the election of their authorities. The regional social council and the communal social assembly will be installed and will become operational once their respective laws of organization, functioning and powers are issued.

Sixteenth

  1. The autonomous region and the autonomous commune will be the continuation and legal successor of the regional government and the municipality, respectively, passing their officials to perform in those without a solution of continuity, for the purposes of their statutory norms, rights and obligations. Likewise, the assets and the rights or obligations that the regional government or the municipality owns or any other title will pass to the autonomous region or the autonomous commune, as appropriate, under the same legal regime.
  2. In the autonomous regions, the regional governors , from their investiture, will be functional continuators of the governors of the respective region, in relation to the powers that the current legislation attributes to them, all notwithstanding to subsequent legislative amendments. The mayors and municipal councils of the autonomous communes will be functional continuators in what is compatible, from their investiture, of the mayors and councils in relation to the functions and powers that the law entrusts to them, all notwithstanding to subsequent legislative modifications.
  3. Notwithstanding to the foregoing, the current regional or communal authorities will be responsible for decisions that may seriously compromise the heritage of the autonomous regions or communes in the future .

Seventeenth

Within two years of the entry into force of this Constitution, the President of the Republic, after a process of indigenous participation and consultation, shall send to the Legislative Branch the bill that regulate the procedures of creation, forms of territorial delimitation, statutes of operation, powers, resolution of disputes between territorial entities and other matters related to indigenous territorial autonomies. Once the project has been entered, the Legislative Power will have a maximum period of three years for its processing and dispatch.

Eighteenth

Within one year of the entry into force of the Constitution, the State shall initiate a process of consultation and indigenous participation with the Rapanui people to determine the procedure, integration and term for the creation of the Rapa Nui Territorial Assembly, which shall be constituted in order to elaborate the statute that will regulate the exercise of the autonomy of the territory. The statute must also regulate the coordination mechanisms with the State and the rest of the territorial entities and the way of implementing the special laws that govern Rapa Nui. The statute and its elaboration process are limited by what is indicated in this Constitution.

Nineteenth

Within a period of two years from the entry into force of the Constitution, the legal bodies for the creation of the Statute of Administration and Government of the special territory of Juan Fernández must be issued.

Twentieth

  1. Within one year of the entry into force of this Constitution, two binding and independent consultations shall be convened, one in the communes belonging to the province of Chiloé and the other in the communes. belonging to the provinces of San Felipe, Los Andes and Petorca, in order to ratify by the citizens the creation of the Autonomous Region of Chiloé and the Autonomous Region of Aconcagua.
  2. The ballot will contain the question: “Do you approve of the creation of the Autonomous Region of Chiloé?” and “Do you approve the creation of the Autonomous Region of Aconcagua?” Each with two options: “I approve” or “Reject”.
  3. The consultations will be organized by the competent electoral body and their qualification will be carried out by the electoral tribunal.
  4. If the question raised in each of these consultations is approved by a majority of the votes validly cast, the Legislative Power shall issue, within two years, a statute for the implementation of the Autonomous Regions of Aconcagua and Chiloé, after consideration of the criteria established in paragraph 3 of article 187, on the creation of territorial entities.

Twenty-first

Within three months of the entry into force of this Constitution, the President of the Republic shall convene all regional governors to the first session of the Council of Governors, in order to organize and progressively develop the powers that this Constitution confers on it.

Twenty-second

  1. The legal provisions that establish taxes of affectation for the benefit of the territorial entities will remain in force as long as they are not modified or repealed.
  2. Notwithstanding the foregoing, within two years of the entry into force of this Constitution, the National Congress shall process bills that establish taxes of territorial affectation.

Twenty-third

  1. Within a period not exceeding two years from the entry into force of this Constitution, the Legislative Power shall progressively approve the legal norms that regulate the different aspects of financial autonomy and fiscal decentralization of entities. Territorial.
  2. Financial autonomy will be implemented gradually once the new regional and communal authorities take over, notwithstanding to the measures of budgetary decentralization and transfer of powers that are carried out in accordance with the regulations applicable to the current regional governments and municipalities.
  3. Within six months of the entry into force of this Constitution, the President of the Republic shall submit the bill referred to in article 248, paragraph 2, of this Constitution. This body will suggest the formula for the distribution of tax revenues between the State and the territorial entities from the discussion of the Budget Law of the year 2025.

Twenty-fourth

  1. Officials of the services or organs of the State whose name, organization, functions or powers are modified by this Constitution, or those of those who are modified or transformed, shall continue to carry out their duties, without solution of continuity, in the new public services or bodies established by this Constitution, as appropriate. The personnel of such services or bodies shall maintain the same rights and obligations recognized by law and its statutes at the effective date of this Constitution.
  2. The provisions of the preceding paragraph shall not apply in any case to authorities elected by popular vote.

Twenty-fifth

Associations of civil servants governed by statute No. 19,296 and trade unions of workers providing services to the State under the Labour Code of state services or bodies whose name, organization, functions or powers are modified by it Constitution, or those of those that are modified or transformed, will remain in force, without solution of continuity, in the new services or public bodies established by this Constitution, as appropriate.

Twenty-sixth

Within four years of the entry into force of this Constitution, the President of the Republic shall submit a draft 151 of the framework law on territorial planning in accordance with the provisions of article 197. The Legislative Branch must process the project within two years of its presentation.

Twenty-seventh

  1. The President of the Republic shall submit bills aimed at the creation, adaptation and implementation of the following systems: Social Security System and Care System, within twelve months; National Health System, within eighteen months; and National Education System, Public Education System and Integrated System of Public Lands, in twenty-four months. The aforementioned periods shall be counted from the entry into force of this Constitution.
  2. The Legislative Power must complete the processing of these projects within a period not exceeding twenty-four months from the date of their presentation.

Twenty-eighth

  1. Within one year of the entry into force of this Constitution, the President of the Republic shall convene an Indigenous Territorial Commission, which shall determine cadastres, elaborate plans, policies, programs and present proposals for agreements between the State and the peoples and nations. indigenous people for the regularization, titling, demarcation, reparation and restitution of indigenous lands. Its progress will be sent periodically to the competent bodies for its progressive implementation, obliging them to report semiannually on their progress in the matter.
  2. The Commission shall be composed of representatives of all indigenous peoples and nations, determined by their representative organizations, through a process of indigenous participation convened in accordance with article 7 of Convention 169 of the International Labour Organization. This commission shall also becomposed of representatives of the State and persons of recognized suitability, who shall be appointed by the President of the Republic. The State must guarantee its due financing, infrastructure, access to the necessary information, technical and administrative assistance and, in addition, may convene international organizations to serve as observers guaranteeing the process. The Commission shall operate for four years, extendable for a further two years.

Twenty-ninth

Within a period of eighteen months, the President of the Republic shall submit a bill amending Law No. 21,430 on Guarantees and Comprehensive Protection of the Rights of the Child. and Adolescence to incorporate in this the mechanisms for the prevention, prohibition and punishment of violence against children and the corresponding adaptations in accordance with the provisions of this Constitution.

Thirtieth

  1. Within eighteen months of the entry into force of this Constitution, the President of the Republic shall submit a bill adapting labour legislation in accordance with the provisions of article 47 of the chapter on Fundamental Rights and Guarantees.
  2. Within twenty-four months of the entry into force of this Constitution, the President of the Republic shall submit a bill adapting the labour legislation, in accordance with the provisions of articles 46 and 48 of the chapter on Fundamental Rights and Guarantees.

Thirty-first

  1. The law that creates the National Education System must contemplate the regulation of the basal financing of the institutions that are part of the Public Education System and the financing of those institutions that meet the requirements established by law and are part of the System. National Education, according to the provisions of article 36 of the chapter on Fundamental Rights and Guarantees. Likewise, it must regulate the progressive financing of free higher education, in accordance with the provisions of article 37 of the chapter on Fundamental Rights and Guarantees.
  2. The law creating the National Education System shall guarantee the participation of educational communities in the process of adapting the educational system, in accordance with the provisions of articles 42 and 43 of the chapter on Fundamental Rights and Guarantees.

Thirty-second

  1. Within twenty-four months of the entry into force of this Constitution, the President of the Republic shall submit a comprehensive bill on decent housing and the city, which adapts the housing regulations in force and regulates the aspects contemplated in articles 51 and 52. The legislator will have a period of two years from the entry of the bill to dispatch said norm for its promulgation.
  2. The executive, through the Ministry of Housing and Urbanism, in coordination with other ministries and the corresponding decentralized agencies, shall, within a period of eighteen months, design and initiate the implementation of a comprehensive emergency plan for the implementation of shelters for victims of gender violence and other forms of violation of rights and the establishment of informal settlements.
  3. As long as the legislator does not regulate the Integrated System of Public Land referred to in Article 51, any public body that is going to dispose of or acquire public or fiscal real estate or promise the celebration of one of these contracts must inform the Ministry of Housing and Urban Planning of the respective operation and its conditions at least forty-five days before their conclusion in order to exercise the powers allowed by statute No. 21,450 regarding the execution of a housing or urban project. aimed at addressing the housing deficit .

Thirty-third

Within a maximum period of three years from the entry into force of this Constitution, the President of the Republic shall implement the Policy for the Restoration of Soils and Native Forest. This policy shall be implemented through an extended process of participation and deliberation at regional and local level and shall contain the relevant regulatory adjustments and other necessary instruments in accordance with the provisions of the Article. 136 of this Constitution.

Thirty-fourth

  1. Within twelve months, the President of the Republic must send a bill for the creation of the National Water Agency and the regulatory adaptation of water use authorizations. It must also regulate the creation, composition and functioning of the basin councils and the adequacy of statutes and participation of water user organizations in that instance.
  2. Until this law enters into force, the functions of the National Water Agency will be assumed, with regard to its powers, by the General Directorate of Water of the Ministry of Public Works, which will act in coordination with the competent public bodies and with the support of the regional governments.
  3. In the event that this law is not issued within two years, the Legislative Branch will process the bill according to the rules of immediate discussion in force upon compliance with said period.

Thirty-fifth

  1. With the entry into force of this Constitution all water use rights previously granted shall be considered, for all legal purposes, authorizations for the use of water as established in this Constitution. As long as the legislation ordered in the previous transitional provision is not issued, the rules prescribed by the Water Code regarding the constitution and extinction of authorizations in accordance with this Constitution will be applied, notwithstanding to the review processes 154 and adjustment of the flows to be redistributed in each basin. In no case may the rules relating to the constitution of these authorizations by auction be applied.
  2. The rights of use granted, regularized, recognized or constituted by act of competent authority before April 6, 2022 will be subject to the provisions of the transitional provisions of Law No. 21,435, which reforms the Water Code. The provisions of the first and fourth paragraphs of the second transitory article of said legal body shall not apply to the rights of use constituted by an act of authority, recognized, acquired or granted to persons, associations and indigenous communities, in accordance with articles 2, 9 and 36 of Law No. 19,253, which shall be automatically registered as authorization for traditional use in the respective registry. As long as the relevant regulations are not issued, or within a maximum period of three years from the entry into force of this Constitution, the following shall apply: rules:
    1.  Only with the prior authorization of the General Directorate of Water , or its legal successor, may changes of ownership be authorized in the administrative authorizations of water use or legal acts that imply that a a person other than the holder exercises them, provided that they are based on the satisfaction of the human right to water and sanitation or the effective availability of water in accordance with the provisions of articles 57 and 142 of this Constitution. This administrative act must be founded and must be registered in the Public Water Cadastre referred to in article 112 of the Water Code.
    2. The taxes constituted in accordance with article 113 of the Water Code before the date of publication of this Constitution will remain in force in the terms established by their registration, until the regulation of this matter in the law ordered in the previous transitory provision.
    3. Authorizations for the use of waters granted, constituted, regularized or recognized before the entry into force of this Constitution shall be subject to the rules of common law for the purposes of their transmissibility due to death, until the regulation of this matter in the law ordered in the previous transitional provision.
  3. In order to ensure the continuity of the service and the fulfillment of the human right to water and sanitation established in article 57, and as long as the law indicated in the previous transitional provision is not issued, the legal acts that aim to have water to supply urban sectors, rural settlements, shall remain in force , cooperatives and rural drinking water committees, intended exclusively for human consumption or sanitation, signed with holders of water authorizations or with organizations of water users, notwithstanding to the review and authorization of the General Directorate of Water. Water-related materials, drinking and sanitation will be regulated in the law ordered in the previous transitional provision. Once the deadlines contemplated in the second transitory article of Law No. 21,435 have expired, the water records of real estate conservators will be transferred to the National Water Agency or the General Directorate of Waters in case it is not yet implemented.

Thirty-sixth

  1. The General Directorate of Water or the National Water Agency, as appropriate, gradually, progressively and with a sense of urgency, will carry out the process of redistribution of the flows of the basins with the respective support of regional governments, to guarantee the priority uses recognized in the Constitution.
  2. This process includes the preparation of diagnostic and evaluation reports at the regional level, which will be developed in stages and prioritizing those basins in water crisis and with over-granting of water use rights. Within six months, the first regional process will be initiated. This redistribution will not apply to small farmers; indigenous communities, associations and individuals, community managers of rural drinking water and other authorized small farmers.

Thirty-seventh

Within one year of the entry into force of the Constitution, the President of the Republic shall convene the constitution of an ecological transition commission. It will depend on the Ministry of the Environment and will be responsible for designing proposals for legislation, regulatory adaptation and public policies aimed at the implementation of the constitutional norms of the nature section . and environment. This commission will be composed of academics, civil society organizations, representatives of indigenous peoples and relevant public bodies.

Thirty-eighth

The National Copper Corporation of Chile will continue to exercise the rights acquired by the State over copper mining by virtue of the nationalization prescribed in the seventeenth transitional provision of the Political Constitution of 1925, and ratified in the transitional provision third of the 1980 Constitution, and will continue to be governed by the aforementioned transitional constitutional regulations and their complementary legislation.

Thirty-ninth

Forced arbitrations that at the time of the entry into force of this Constitution are located in arbitral tribunals will continue their processing until their conclusion.

Forty

  1. The cessation of functions at seventy years of age shall not be applicable to judges who, on the date of entry into force of this Constitution, are part of the primary echelon of the Judicial Power regulated in the Organic Code of Courts, who shall cease in their functions upon completion of the seventy-five years of age. For those who serve as judges of the Supreme Court, the term of article 328, paragraph 3, shall be computed from the entry into force of this Constitution.
  2. The procedure for the appointment of member lawyers regulated in article 219 of the Organic Code of Courts, as well as their incorporation into the courts of appeals and the Supreme Court established in articles 215 and 217 of the same body It will remain in force until the new regulations are established, which must be issued within a maximum period of five years from the entry into force of this Constitution.

Forty-first

The rule established in article 374 , paragraph 2 , shall enter into force when the law is enacted to allow the expansion of the staff of the Criminal Defender’s Office. Public, a process that must be concluded within five years of the entry into force of this Constitution. At the end of this period, no new tenders may be made, notwithstanding to the exceptions established by statute. The law may establish different dates for the start of the exclusive public benefit, being able to determine the gradual application of it in different regions of the country.

Forty-second

Until the law regulating the procedure for actions for the protection of rights contemplated in articles 119 and 120 is promulgated, the orders agreed upon by the Supreme Court on processing and ruling will remain in force. of the relevant constitutional actions. The competent court to hear such actions shall be the respective court of appeals and its decisions shall be appealable to the Supreme Court.

Forty-third

  1. Within a period of six months, the President of the Republic shall submit the bill referred to in the transitional provision. 157 forty-second and must make present the respective urgency for its dispatch and promulgation.
  2. If, within a period of six years from the entry into force of this Constitution, the respective procedural law is not enacted, the courts established by this Constitution shall be competent to hear the actions for protection, in accordance with the law of protection. to the procedures referred to in the forty-second transitional provision. Guardianship actions that are already filed in the courts of appeals or the Supreme Court once the aforementioned period has expired will continue their processing in accordance with the rule of the forty-second transitional provision.

Forty-fourth

  1. Within three years of the entry into force of this Constitution, the President of the Republic shall submit the bill or bills necessary to establish the administrative courts referred to in article 332, merging the tax and customs courts, the Court. of Accounts, the Court of Public Procurement and the Industrial Property Court in the new administrative courts for their integration into the National Justice System.If the bill is not dispatched within four years of the entry into force of this Constitution, the courts indicated shall be integrated directly into the National Justice System.
  2. This law must establish the administrative process that establishes the bases of its jurisdictional order and determines a procedure of general application and the corresponding special procedures. Until this law is enacted , the courts identified in this article shall continue to hear the cases that correspond to them in accordance with their jurisdiction and procedures.
  3. The law should progressively create the new environmental courts provided for in the Constitution, and as long as this does not happen, the environmental courts will maintain their territorial jurisdiction and will continue to hear in accordance with the procedural rules in force.

Forty-fifth

  1. The Constitutional Court will not be able to hear new cases. All requests for inapplicability already filed in the Constitutional Court must be known, processed and ruled by this body within six months of the entry into force of this Constitution. In the exercise of these powers, the Constitutional Court shall rule in accordance with the rules established in the previous Constitution and in Law No. 17,997 on the Constitutional Court, the consolidated, coordinated and systematized text of which was established. by the decree with force of 158 Law No. 5 of 2010 on the Ministry of the General Secretariat of the Presidency. At the end of the period indicated or after the processing of such cases, the Constitutional Court shall cease to hold office and shall be dissolved as of right. At that time, the assets, rights and obligations of the Constitutional Court will be transferred to the Constitutional Court, without a solution of continuity .
  2. Actions of inapplicability that at the date of entry into force of this Constitution are filed in the Constitutional Court may be withdrawn by those who have promoted them until before the hearing of the case and will be considered as not Presented. Questions of inapplicability due to unconstitutionality of article 381 letter a) that are promoted between the entry into force of this Constitution and the beginning of functions of the Constitutional Court shall not be referred to the Constitutional Court until its installation. Exceptionally, those inapplicabilities relating to criminal cases in which the personal freedom of the appellant is at risk will be known by five judges of the Supreme Court, chosen by lot by the same Court for each request raised.
  3. The Constitutional Court shall be installed within six months of the entry into force of this Constitution. The bill regulating the Constitutional Court and its procedures shall be forwarded by the President of the Republic to the Legislative Branch within sixty days. following from the entry into force of this Constitution and will have priority in the implementation of the new institutionality. As long as it is not promulgated, its organization and operation shall be subject to the provisions of this Constitution and in a supplementary manner by Law No. 17,997…, Constitutional Organization of the Court Constitutional.
  4. The judges of the Constitutional Court shall be provided in accordance with the rules established in article 378 of this Constitution. Dismissed ministers who have served less than half of their term may be appointed to the Constitutional Court. The appointments that correspond to the Legislative Power will be made by the Plenary Congress and those that correspond to the Council of Justice will be appointed by the Supreme Court, after public competitions. To comply with the appointments staggered over time as established in article 378, paragraph 2, a draw shall be made only once, for each body empowered to appoint judges, at the time of make your appointment in the following terms:
    1. Of the four appointments to be made by the National Congress, one will last three years, two will last six years and one will last nine years.
    2. Of the three appointments that correspond to the President of the Republic, one will last three years, a second will last six years and a third will last nine years.
    3. Of the four appointments to be appointed by the Council of Justice or the Supreme Court, as appropriate, two shall last three years, a third shall last six years and a fourth shall last nine years.

Forty-sixth

  1. As long as the law that contemplates the general procedure indicated in the article on administrative litigation is not issued, and provided that there is no special procedure, the nullity of an administrative act, as well as the declaration of illegality of an omission, may be claimed jurisdictionally before the judge of letters in civil matters of the domicile of the claimed authority.
  2. The term of this claim will be ninety calendar days, counted from the moment the contested act is known.
  3. The court may, at the request of a party, order the provisional suspension of the effects of the contested act in order to ensure the effectiveness of the decision which may be taken, if any. sufficient elements of judgment for this.

Forty-seventh

The constitutional norms relating to the new constitutional bodies shall enter into force, in each case, with the enactment of their laws on organization, functioning and competence.

Forty-eighth

  1. The President of the Republic, within a period of five years following the entry into force of this Constitution, shall submit the draft law regulating the organization, operation and procedures of the neighbourhood justice system, as well as the determination of the plant, the remuneration system and the status of its staff.
  2. This law will provide for the way in which the local police courts will transit for the formation of the neighborhood justice, being able to establish different dates for the entry into force of its provisions, as well as determine its gradual application in the various subjects and regions of the country. The same law shall provide for the terms in which judges , secretaries , lawyers and officials of the local police courts may serve in the agencies that make up the neighborhood justice. 160

Forty-ninth

The President of the Republic shall submit, within one year of the entry into force of this Constitution, a bill relating to the Council of Justice in accordance with the provisions of article 345. Until this law is enacted, the system of appointments, as well as the government and administration of the courts of justice under the terms of article 343, shall be shall be governed by the rules in force at the time of the entry into force of this Constitution. The constitution of the Council of Justice will have priority in the implementation of the new institutionality.

Fiftieth

Until the law is issued that incorporates the new powers of the national prosecutor and creates the Committee of the Public Prosecutor’s Office with its new powers, the national prosecutor and the General Council of the Public Prosecutor’s Office continue to exercise the powers and powers in force upon the entry into force of this Constitution.

Fifty-first

Since the entry into force of this Constitution and as long as the legal provisions that comply with the constitutional norms relating to the regional comptrollers are not issued, the Law on the Organization and Powers of the Office of the Comptroller General of the Republic, the consolidated text of which was established by Decree No. 2421 of 1964 of the Ministry of Finance, and the rules on organization and powers of the regional comptrollers established in the relevant resolutions of the Comptroller General of the Republic. During this period, the Comptroller General may modify these resolutions, guaranteeing the existence of at least one regional comptroller’s office in each region of the country.

Fifty-second

If compliance with a judgment handed down against the State of Chile by international human rights tribunals recognized by it contravenes a final judicial judgment, the Supreme Court may extraordinarily review that judgment in accordance with the procedure established in articles 473 et seq. of the Code of Criminal Procedure, within one year of notification of the international judgment and having as a ground for review the aforementioned contravention. All this, until a statute regulates a different procedure of general compliance with the aforementioned sentences .

Fifty-third

Within two years of the entry into force of this Constitution, the President of the Republic shall submit a bill regulating the organization, financing and powers of the Office of the Ombudsman and the Office of the Ombudsman of the Nature. From its entry, the Legislative Power will have a period of eighteen months for processing and dispatch to promulgation. For all purposes, it shall be understood that the Ombudsman’s Office created by this Constitution is the legal successor and successor in all the assets, rights and obligations of the National Institute of Human Rights.

Fifty-fourth

By virtue of the provisions of article 24 of this Constitution and as long as criminal legislation is not in conformity with it, article 103 of the Criminal Code shall not be applicable to acts which, in accordance with the international treaties and instruments ratified by Chile, constitute of serious human rights violations.

Fifty-fifth

The organs that prior to the issuance of this Constitution had legal status and that by virtue of this have been elevated to constitutional rank will carry out their transition in accordance with the provisions of their own regulations, the law and this Constitution.

Fifty-sixth

  1. Persons shall be exempt from criminal liability for the offence set forth in article 62 of Decree-Law No. 211, the consolidated, coordinated and systematized text of which was established by Decree no. 1 of 2004 of the Ministry of Economy, Development and Reconstruction. referred to in the first paragraph of Article 63 of the same body of law, without the need for a declaration by the Court for the Defence of Free Competition referred to in the first paragraph of that article, while the legislator does not regulate the manner and conditions of obtaining the benefits of articles 39 bis and 63, first paragraph, of the aforementioned decree law, in accordance with the provisions of article 365, paragraph 3 of the Constitution.
  2. Likewise, the penalty determined shall be reduced by one degree, in accordance with the provisions of the third paragraph of article 62 of Decree-Law No. 211, the consolidated, coordinated and systematized text of which is consolidated, coordinated and systematized. was established by Decree with the force of law No. 1 of 2004 of the Ministry of Economy, Development and Reconstruction to the persons referred to in the fourth paragraph of article 63 of the same body. legal, without the need for the declaration of the Court for the Defense of FreeCompetition referred to in that paragraph, as long as the legislator does not regulate the 161 the manner and conditions for obtaining the benefits of articles 39 bis and 63, fourth paragraph, of the aforementioned decree-law, in accordance with the provisions of article 365, paragraph 3, of the Constitution.

Fifty-seventh

Within a period of three years from the entry into force of this Constitution, the President of the Republic shall enter into a comprehensive law on assets that addresses the institutionality and regulation of the cultural, natural and indigenous heritage, in compliance with articles 24 paragraph 5, 93, 101, 102 and 202 letter h) and i).

(Draft of 4 Jul 2022)