Chile 2023 - [[ getTranslation('Draft of {timestamp}').replace('{timestamp}', '30 Oct 2023') ]]

Delivered by the Constitutional Council on November 7 2023. This draft will be voted on December 17 2023.

Article 16. The Constitution guarantees to all persons:

1. Right to life, Prohibition of capital punishment
   The right to life. The law protects the life of who is unborn. The death penalty is prohibited.
2. Prohibition of torture, Prohibition of corporal punishment, Prohibition of cruel treatment, Human dignity, Reference to science
   The right to physical and mental integrity. No one shall be subjected to torture or to cruel, inhumane or degrading treatment or punishment. Scientific and technological development shall be at the service of human beings and shall be carried out with respect for human dignity.
3. Prohibition of slavery, General guarantee of equality, Equality regardless of gender
   The right to equality before the law and non-discrimination. Neither the law nor the authority may establish arbitrary differences. Men and women are equal before the law. In Chile there is no privileged person or group. In Chile there are no slaves and whoever sets foot on its territory is free. In order for this right to be realized, the State must adopt the appropriate measures and reasonable adjustments that may be necessary, with respect to the other rights recognized in this Constitution.
4. The right to personal liberty and individual security. Consequently:
   1. Freedom of movement
      Everyone has the right to reside and remain anywhere in the Republic, to move from one place to another and to enter and leave its territory, provided that the rules established by law are observed.
   2. Restrictions on entry or exit, Human dignity, Power to deport citizens, International law
      The law shall regulate the entry, stay, residence and departure of foreigners from the national territory. All procedures and measures regulated by this law must be carried out with full respect for human dignity, fundamental rights and guarantees, and the international obligations acquired by the State of Chile.
      Power to deport citizens, International law, Extradition procedure

      The law shall establish the cases, procedures, forms and conditions for the release or expulsion in the shortest possible time, as appropriate, of those foreigners who have entered the national territory clandestinely or through unauthorized crossings, as well as of those who have served a sentence of effective imprisonment in Chile for crimes or simple offenses. Efforts shall be made to ensure that such foreigners serve the above-mentioned sentence in their country of origin, where appropriate, in accordance with the law and the international treaties ratified by Chile and in force.

      Protection of stateless persons

      However, the provisions of the preceding paragraph shall not apply in cases of refuge, asylum or protection, expressly provided for by law, as well as in international treaties ratified by Chile and in force.

      Any person, institution or group that organizes, finances or executes, for profit, the illegal entry of persons into the territory of the Republic shall incur the penalties determined by law.

   3. Protection from unjustified restraint, Principle of no punishment without law
      No one may be deprived of his or her personal liberty nor may it be restricted except in the cases and in the manner determined by the Constitution and the laws.
   4. Principle of no punishment without law, Protection from unjustified restraint, Terrorism
      No one may be arrested or detained except by order of a public official expressly empowered by law and after such order has been lawfully served upon him. However, a person caught in the act of committing a crime may be arrested for the sole purpose of being brought before the competent judge within twenty-four hours. The person must be informed, in an immediate and understandable manner, of their rights and the reasons for the deprivation of their liberty. If the authority causes any person to be arrested or detained, it shall, within forty-eight hours, notify the competent judge and place the person concerned at their disposal. The judge may, by reasoned decision, extend this period by up to five days, and up to ten days, in the event that facts classified by law as terrorist conduct are investigated.
   5. Right to counsel, Prison registry
      No person may be arrested or detained, subject to custody or imprisoned, except in his or her home or in public places designated for this purpose, in accordance with the law. The official in charge of these places may not receive the person without recording the act ordering it and their entry, which must be recorded in a public register. No incommunicado detention may prevent a person deprived of his liberty from having access to the officer in charge of the place of detention and his lawyer. The official is obliged, whenever the arrested or detained person so requires, to transmit to the competent judge a copy of the arrest warrant, or to request that such a copy be given to him or her, or to give himself a certificate that the individual is in custody, if this requirement has been omitted at the time of his arrest.
   6. Privileges for juveniles in criminal process
      Persons under eighteen years of age deprived of their liberty shall be separated from adults and shall be subject to a regime commensurate with their age.
   7. Protection of victim's rights
      The accused shall be released unless the arrest or pre-trial detention is considered by the judge to be necessary for the investigation or for the safety of the injured party or society. The law shall establish the requirements and modalities for decreeing such. An appeal against a decision on the release of the person accused of the offenses referred to in Article 15 shall be heard by the appropriate higher court, composed exclusively of full members. The resolution approving or granting it shall need unanimous agreement. For the duration of his or her freedom, the accused shall always be subject to the supervision measures of the authority provided for by law.
   8. A person sentenced to a custodial sentence may apply to the competent court for the substitution of such sentence for total home confinement, provided that it is established in accordance with the law that he or she is terminally ill and that the convicted person does not represent a present danger to society.
5. General guarantee of equality
   Equal protection of the law in the exercise of their rights.
6. Right to counsel
   Access to justice, in order for their rights to be effectively protected. This includes information and the means necessary to exercise them; the existence of legal and judicial services, alternative dispute resolution mechanisms, and the adoption of the necessary measures to enable them to be realized.
   1. Everyone has the right to legal defense in the manner prescribed by law. It is the duty of the State to provide free legal aid to any person who is unable to obtain it on his or her own, in the manner established by law. No authority or individual may prevent, restrict or disturb the due intervention of counsel if requested. In the case of members of the Armed Forces and the Forces of Public Order and Security, this right shall be governed, with regard to administrative and disciplinary matters, by the relevant provisions of their respective bylaws.
   2. The State, in accordance with the law, shall provide free criminal defense to persons accused of acts that may constitute a crime, simple offense or misdemeanor and who do not have legal defense. To comply with this obligation, the State shall have a Public Criminal Defender's Office.
   3. The law shall specify the cases and the manner in which natural persons who are victims of crimes shall have access to free legal advice and defense, for the purpose of bringing criminal proceedings where appropriate, especially in cases of terrorism, drug trafficking, corruption, organized crime and trafficking in persons. To comply with this obligation, the State shall have a Victims' Ombudsman's Office.
7. Guarantee of due process, Right to fair trial, Prohibition of double jeopardy, Principle of no punishment without law
   The right to due process. This includes:
   1. The right to be heard and judged by a competent, independent, impartial tribunal, predetermined by law and established prior to the occurrence of the facts. No one may be tried by special commissions.
   2. A process endowed with guarantees that enable rational and fair actions, procedures and decisions. The law shall establish the guarantees of a rational and fair procedure and investigation.
   3. Any judgment of a body exercising jurisdiction must be reasoned and based on a prior, legal and timely process. It must be issued within a reasonable time, with the right to enforcement and respect for res judicata.
8. Minimum criminal guarantees:
   1. Principle of no punishment without law
      No law may establish penalties or security measures unless the conduct to be punished is precisely and expressly described therein.
   2. Principle of no punishment without law
      No law may establish disproportionate penalties or security measures.
   3. Principle of no punishment without law, Protection from ex post facto laws
      No offense shall be punishable by any penalty other than that prescribed by a law enacted prior to its perpetration, unless a new law favors the person concerned.
   4. Presumption of innocence in trials
      Everyone has the right to a rational and fair investigation, as provided by law, and to be presumed innocent until a final conviction has been handed down against him. The law may not presume criminal liability as a matter of law.
   5. If the law in force at the time of the trial or enforcement of the criminal sentence is more favorable, it shall apply to acts committed prior to its entry into force.
   6. Prohibition of double jeopardy
      No one may be subjected to further criminal proceedings or criminally convicted for the same act for which he or she was acquitted or convicted by a final judgment in accordance with the law.
   7. Principle of no punishment without law
      Any conduct of the investigation or proceeding that deprives, restricts or disturbs the exercise of the rights guaranteed by the Constitution requires prior judicial authorization.
   8. Protection from self-incrimination
      No person may be compelled to testify against himself or to acknowledge his responsibility. Nor may his or her ascendants, descendants, spouse, civil partner and other persons that the law prescribes be compelled to testify against that person, depending on the case and circumstances.
   9. Right to counsel
      In criminal proceedings, the assistance of a defense lawyer provided by the State is not waived if one is not appointed at the time established by law.
   10. The penalty of confiscation of property may not be imposed, without prejudice to confiscation in the cases established by law.
   11. The loss of pension rights may not be applied as a penalty.
   12. An institutional law shall establish the courts responsible for the execution of sentences and security measures, which shall exercise jurisdictional functions in such matters, judicial control of the disciplinary power of the prison authorities, protection of the rights and benefits of inmates in penitentiary establishments and other matters specified by law.
9. Human dignity
   The right to dignified and helpful treatment by the organs of the State Administration, as well as by its authorities and officials. These shall make it easier for people to exercise their rights and fulfill their obligations.
   1. Principle of no punishment without law, Ultra-vires administrative actions
      Decisions issued by the Administration shall be duly substantiated and subject to appeal, both administratively and judicially, in accordance with the provisions of the Constitution and the law.
   2. Principle of no punishment without law, General guarantee of equality, Ultra-vires administrative actions
      Administrative sanctioning powers are only exercised through a prior, rational and fair process, legally processed, for conduct determined in its essential core by law, and the commission of which has been avoidable for the alleged offender. Administrative sanctions are subject to the principles of legality, non-retroactivity to the detriment, proportionality and necessity.
10. Right to protect one's reputation
    The right to respect and protection of one's honor and that of one's family.
11. Right to privacy
    The right to respect and protection of one's privacy and that of one's family.
    1. The home and other private premises are inviolable. Entry and search or any search may only be carried out with a prior court order in specific cases and in the manner determined by law, without prejudice to the situation of being caught in the act of committing a crime. 
    2. Communications and private documents are also inviolable. Interception, seizure, opening, search or search may only be carried out with a prior court order issued in specific cases and in the manner determined by law.
12. Right to privacy
    The right to respect and protection of their personal data and their computer and digital security. The processing of personal data may only be carried out in the cases and under the conditions established by law, without prejudice to the legitimate use that the owner of the data may make of them.
13. Freedom of religion, Freedom of opinion/thought/conscience, Right to conscientious objection
    The right to freedom of thought, conscience and religion. Its exercise, due respect and protection are guaranteed. This right includes the freedom of everyone to adopt, live in accordance with and transmit the religion or belief of his or her choice. It also includes conscientious objection, which shall be exercised in accordance with the law.
    1. Right to academic freedom, Rights or duties of parents
       Parents, and where appropriate guardians, have the right to educate their children or wards, and to choose their religious, spiritual and moral education that is in accordance with their own convictions. Families have the right to institute educational projects and educational communities have the right to preserve the integrity and identity of their respective projects in accordance with their moral and religious convictions.
    2. Freedom of religion includes the free exercise and expression of worship, freedom to profess, maintain and change one's religion or belief, to manifest, disseminate and teach one's religion or belief, to observe rites and practices, all in public and in private, individually and in community as long as they are not contrary to morality, good customs or public order.
    3. Religious denominations may erect and maintain temples and their dependencies. Those destined exclusively for the service of a cult will be exempt from all types of contributions. Churches, confessions and all religious institutions shall enjoy adequate autonomy in their internal organization and for their own purposes, and cooperation agreements may be concluded with them.
    4. Any attack on temples and their premises is contrary to religious freedom.
14. Freedom of expression
    The right to freedom of expression, information and opinion, without prior censorship, in any form and by any means, without prejudice to subsequent responsibilities for crimes or abuses committed in the exercise of these freedoms, in accordance with a law of qualified quorum.
    1. The State may not deprive, restrict, disturb or threaten freedom of expression by direct or indirect means that impede the communication and circulation of ideas and opinions. In no case may it establish ideas or opinions as sole or official, nor may it sanction the expression of ideas or opinions contrary to those expressed by the State, its agencies, authorities or officials.
    2. Protection of victim's rights
       Any person offended or unjustly referred to by any means of social communication has the right to have his or her statement or rectification disseminated free of charge, under the conditions determined by law, by the means of social communication in which such information was issued, without prejudice to any responsibilities that may arise.
    3. Freedom of press, State operation of the media
       Every person has the right to establish, edit and maintain social media, regardless of its platform, under the conditions established by law. The State and such other persons or entities as may be determined by law may establish, operate and maintain television stations.
    4. State operation of the media, Freedom of press
       Under no circumstances may the law establish a state monopoly over the means of social communication.
    5. Media commission, State operation of the media
       There shall be a National Television Council, autonomous and with legal personhood, in charge of ensuring the proper functioning of this means of communication. An institutional law shall specify the organization and other functions and powers of the aforementioned council.
    6. The law shall regulate a rating system for the exhibition of film production.
15. Right to information
    The right to access, seek, request, receive in a timely manner, as well as to disseminate public information from any organ of the State, without any other limitation than the grounds of secrecy or reserve established by this Constitution. An autonomous and specialized body shall be competent to promote and supervise the exercise of this right, performing such other functions as may be determined by an institutional law.
16. Freedom of assembly
    The right to assemble peacefully without prior permission and without weapons. Gatherings in squares, streets and other places of public use shall be governed by the provisions of this Constitution and the law. Those who participate in these meetings must respect the rights of those who are not part of the assembly and public and private property.
17. Freedom of association
    The right to associate without prior permission.
    1. Associations contrary to public order and State security are prohibited.
    2. Personnel of the Armed Forces and of Order and Public Security may not belong to political parties, trade union organizations or institutions, groups or bodies determined by law to be incompatible with their constitutional function.
    3. Membership shall always be voluntary. No one can be forced to belong to an association.
    4. In order to have legal personhood, associations must be established in accordance with the law.
    5. The right to associate includes the right to establish, organize and maintain associations, to determine their identity and to protect their integrity, to determine their purpose, their ideology, their directors, members and internal bylaws in order to pursue their ends.
    6. No one may be compelled to belong to professional associations. Professional associations established in accordance with the law shall be empowered to hear complaints concerning the ethical conduct of their members. An appeal may be lodged against their decisions with the respective Court of Appeal. Non-associated professionals shall be tried by the competent courts in accordance with the law.
    7. The senior management positions of trade union organizations are incompatible with the senior national and regional management positions of political parties.
18. Right of petition
    The right to submit petitions to the authority, through digital or other means, on any matter of public or private interest, with no other limitation than to proceed in respectful and convenient terms, and the right to receive a response from the authority, within a reasonable time.
19. Admission to all public functions and employments, with no other requirements than those imposed by the Constitution and the laws.
20. Terrorism
    20. The right to live in a safe environment. It is the duty of the State to ensure effective protection of individuals against crime, especially terrorism and organized criminal violence.
21. Protection of environment
    The right to live in a healthy and pollution-free environment that allows for sustainability and development.
    1. It is the duty of the State to ensure that this right is not affected and to protect the preservation of nature and its biodiversity.
    2. The law may provide for specific restrictions on the exercise of certain rights or freedoms in order to protect the environment.
22. Right to health care
    The right to holistic health protection.
    1. The State protects free, universal, equal and timely access to actions for the promotion, prevention, protection, recovery and care of the health and rehabilitation of the person, at all stages of life. Additionally, by virtue of its guiding role, the State shall be responsible for the coordination and control of such actions, taking into account the social and environmental determinants of health, in accordance with the law.
    2. It is the primary duty of the State to guarantee the execution of health actions, through State and private institutions, in the manner and under the conditions determined by law, which may establish compulsory contributions. Each person shall have the right to choose the health system they wish to use, whether it is state or private.
    3. The law shall establish a universal health plan, without discrimination based on age, sex or medical pre-existence, which will be offered by state and private institutions.
    4. The State shall support and coordinate a network of health facilities in accordance with basic and uniform quality standards.
    5. The State shall promote physical activity and sports in order to improve people's health and quality of life.
23. The right to education.
    1. Education aims at the full development of the person at the various stages of his or her life, in the context of a free and democratic society, and should strengthen respect for fundamental rights and freedoms.
    2. Rights or duties of parents
       Families, through parents or, where appropriate, legal guardians, have the preferential right and duty to educate their children or wards, to choose the type of education and its educational establishment, as well as to determine their best interests. It shall be the responsibility of the State to grant special protection to the exercise of this right.
    3. The State has the unavoidable duty to strengthen education at all levels and to encourage its continuous improvement, exercising tasks of promotion, regulation and supervision.
    4. Free education, Compulsory education, State support for children
       It is the duty of the State to promote preschool education, for which it shall finance and coordinate a free system from the lower nursery level, aimed at ensuring access to this and its higher levels. The second level of transition is compulsory, being a requirement for entry into basic education.
    5. State support for children, Free education, Compulsory education
       Basic and secondary education are compulsory, and the State must finance and coordinate a free system for this purpose, aimed at ensuring access for the entire population, guaranteeing funding per student in State and private establishments. In the case of secondary education, compulsory education shall extend until the age of twenty-one.
    6. General guarantee of equality
       Public resources shall be allocated to state and private institutions, according to criteria of reasonableness, quality and non-arbitrary discrimination. In no case may this assignment condition the freedom of education.
    7. General guarantee of equality, Access to higher education
       The law shall provide for mechanisms to ensure non-arbitrary discrimination in students' access to and financing of higher education.
    8. Free education
       The State shall ensure the financing of the education of persons with special educational needs, in accordance with the law.
    9. The State shall support and coordinate a pluralistic network of quality educational establishments at all levels of education.
    10. The State shall provide public, pluralistic and quality education through its own establishments at all levels. The State shall guarantee the financing of its preschool, primary and secondary education establishments. In any case, the law shall be able to provide funding to its higher education institutions.
    11. Reference to art, Reference to science, Rights or duties of parents
        It is the duty of the family and the community to contribute to the development and improvement of education. Additionally, it shall be the responsibility of the State to ensure the quality of education at all levels and to promote civic education, stimulate scientific and technological research, artistic creation and the protection and enhancement of the cultural heritage of the Nation.
    12. It is the duty of the State and of every educational community to promote the professional development and respect of teachers and educational assistants.
24. Freedom of education.
    1. Right to academic freedom
       Freedom of education includes the right of individuals to open, organize and maintain educational establishments, as well as to create and develop educational projects and ideas, without any limitations other than those imposed by morality, public order and the security of the country.
    2. Rights or duties of parents
       Freedom of education exists to guarantee families, through parents or legal guardians, as the case may be, the preferential right and duty to educate their children or wards; to choose the type of education; and to teach them for themselves or to choose for them the educational establishment which they deem in accordance with their moral or religious convictions. It also guarantees everyone the choice of the educational establishment of their choice.
    3. State and officially recognized education may not be aimed at propagating any partisan political tendency.
    4. The authorities of educational institutions at all levels must ensure respect within the educational community, adopting the necessary measures to prevent or punish acts that seriously affect order or coexistence. The law shall provide for the powers and attributes necessary for the exercise of this duty, as well as the responsibilities for its non-compliance.
    5. The State must guarantee the continuity of educational service in its educational establishments.
    6. Right to academic freedom
       The State respects the autonomy of higher education institutions.
    7. Right to academic freedom
       Educational establishments shall be free to determine their curricular content in accordance with the identity and integrity of their project. Notwithstanding the foregoing, the State shall establish minimum contents for preschool, primary and secondary education, which shall not involve the use of a percentage greater than half of the teaching hours at the time of teaching them, in order to guarantee educational autonomy and diversity. However, the State shall draw up a programme with minimum content covering the use of the entire school day, to which educational establishments may freely adhere, in whole or in part.
    8. Right to academic freedom
       A law of qualified quorum shall establish the minimum requirements to be met at each level of primary and secondary education and shall indicate the objective standards of general application that will enable the State to ensure that they are complied with. Such requirements must be reasonable and refer only to essential knowledge that is compatible with the plurality of educational projects. In the same way, this law shall establish the requirements for the official recognition of educational establishments at all levels.
    9. Subsidiary unit government, Municipal government
       The State shall promote the diversity of educational projects at the local and regional levels.
25. Right to culture
    The right to culture.
    1. Reference to art, Reference to science, Right to enjoy the benefits of science
       The State safeguards the right to participate in cultural and scientific life. It also protects creative freedom, its free exercise and dissemination; promotes the development and dissemination of knowledge, arts, sciences, technology and cultural heritage; and facilitates access to cultural goods and services.
    2. The State recognizes the role that this right plays in the realization of the individual and in the development of the community, promoting it through collaboration between the State and civil society.
    3. The State shall promote harmonious relations and respect for all manifestations of culture. It shall also promote cultural activity through different financing mechanisms, taking into account local and regional diversity, and guaranteeing the due plurality of visions.
26. Right to just remuneration, Right to work, Right to safe work environment
    The right to decent work, free choice and free contract.
    1. The right to decent work consists of access to fair working conditions, occupational safety and health, as well as fair remuneration, rest and digital disconnection, with full respect for the fundamental rights of the worker in the context of the employment relationship. The law shall establish the conditions for the exercise of this right.
    2. Right to found a family
       The law shall promote the reconciliation of personal, family and work life in the exercise of the right to decent work.
    3. General guarantee of equality
       Any arbitrary discrimination that is not based on personal capacity or suitability is prohibited, without prejudice to the fact that the law may require Chilean nationality or age limits in certain cases. Arbitrary discrimination in pay for work of equal value and with the same employer, especially between men and women, is also prohibited in accordance with the law.
    4. Rights of children
       No kind of work is prohibited, except child labor and that which a law declares to be contrary to morality, safety, public health, or the interest of the Nation.
    5. Freedom of association
       No law or provision of public authority may require affiliation to any organization or entity as a requirement for carrying out a particular activity or work, or disaffiliation in order to remain in them. The law shall determine the professions that require a university degree or degree and the conditions that must be met in order to exercise them.
27. Right to join trade unions, Right to strike
    Freedom of association. This includes the right to organize and to strike within the framework of collective bargaining.
    1. The right to organize includes the right of workers to form and join trade union organizations of their choice, and to exercise adequate autonomy in such organizations for the fulfillment of their specific purposes in the cases and in the manner prescribed by law.
    2. No one may be compelled to join or leave a trade union organization. Workers shall enjoy adequate protection against acts of anti-union discrimination in relation to their employment.
    3. Restrictions on rights of groups
       Collective bargaining with the company where they work is a right of workers, except in cases where the law expressly does not allow negotiation. The law shall establish the modalities of collective bargaining and the appropriate procedures for achieving a just and peaceful solution. The law shall specify the cases in which collective bargaining must be submitted to compulsory arbitration, which shall be the responsibility of special tribunals of experts, the organization and powers of which shall be established therein.
    4. Restrictions on rights of groups
       Civil servants of the State or municipalities may not go on strike. Nor may persons who work in corporations or companies, whatever their nature, purpose or function, that provide services of public utility or whose stoppage causes serious damage to the health, supply of the population, or the economy or security of the country. The law shall establish the procedures for determining the corporations or enterprises whose workers shall be subject to the prohibition of this paragraph.
    5. Trade union organizations shall enjoy legal personhood by the mere fact of registering their bylaws and articles of incorporation, in accordance with the law.
28. State support for children, State support for the disabled, State support for the unemployed, State support for the elderly
    The right to social security.
    1. The State guarantees access to basic and uniform benefits, established by law, whether granted through public or private institutions, protecting persons from the contingencies of old age, disability, death, illness, pregnancy, maternity, paternity, unemployment, accidents and occupational diseases, without prejudice to the establishment of other contingencies or circumstances established by law. Compulsory contributions may be established by law.
    2. Right to own property, Protection from expropriation
       Each person shall have ownership over his or her old-age pension contributions and the savings produced by them, and shall have the right to freely choose the institution, state or private, that administers and invests them. In no case may they be expropriated or appropriated by the State through any mechanism.
    3. The State shall regulate and supervise the proper exercise of the right to social security, in accordance with the law.
    4. The laws regulating the exercise of this right shall have a qualified quorum.
29. Right to shelter
    The right to adequate housing.
    1. The State shall promote, through State and private institutions, actions aimed at the progressive satisfaction of this right, with preference given to access to one's own home, in accordance with the law.
    2. The State shall adopt measures aimed at generating equitable access to basic services, goods and public spaces, safe and sustainable mobility, connectivity and road safety.
    3. The property intended for the owner's main residence, whether he or she lives alone or with his or her family, as the case may be, will be exempt from all contributions and land taxes.

       The legal exceptions to this exemption may only be based, jointly, on the high tax valuation of the main residence and the income of the taxpayer and his or her family.

30. Ownership of natural resources, Right to water
    The right to access water and sanitation, in accordance with the law. It is the duty of the State to guarantee this right to present and future generations.

    Additionally, it is the duty of the State to promote water security, in accordance with sustainability criteria. Legislation, regulation and management must incorporate all the functions of water, prioritizing human consumption and domestic subsistence use.

31. Duty to pay taxes
    The equal distribution of taxes in proportion to income or in the progression or form established by law, and the equal distribution and proportionality of other legal public burdens.
    1. In no case may the law establish taxes that, individually or collectively considered, with respect to the same person, are disproportionate, confiscatory in scope, unjust or retroactive.
    2. Expenses objectively necessary for the life, care or development of the person and his or her family shall be considered deductible for the determination of the corresponding taxes.
    3. The taxes collected, whatever their nature, shall enter the patrimony of the Nation and may not be assigned to a specific destination.
    4. However, the law may authorize that certain taxes may be used for national defense purposes. Additionally, the law may authorize that certain taxes levied on activities or goods that have a clear regional or local identification may be applied, within the frameworks indicated by the same law, by regional or communal authorities for the financing of development and investment works.
    5. The State must compensate for discriminatory, disproportionate or retroactive public charges. The law shall establish a procedure for the enforcement of this compensation. This law must also provide for a procedure to enforce the financial liability of the State for acts of the legislator that contravene this Constitution, when the Constitutional Court so declares.
32. Right to establish a business
    The right to engage in any economic activity that is not contrary to public health, public order, or the security of the Nation, respecting the legal norms that regulate it.
    1. A law of qualified quorum may authorize the State and its agencies to engage in or engage in business activities. These activities shall be subject to the common legislation applicable to individuals, without prejudice to the exceptions which, for justified reasons, are established by that law.
    2. Under no circumstances may state-owned companies and enterprises regulate, audit or supervise the economic activities included in their line of business or purpose.
    3. Right to competitive marketplace
       It is the duty of the State to promote and defend free competition.
    4. Protection of environment
       It is the duty of the State to promote entrepreneurship and innovation in productive activities, considering the protection of the environment, sustainability and development.
33. General guarantee of equality
    Non-arbitrary discrimination in the treatment of the State and its agencies in economic matters.

    Only by virtue of a law of qualified quorum, and provided that it does not entail such discrimination, may certain direct or indirect benefits be authorized in favor of any sector, activity or geographical area, or special charges may be established affecting one or the other. In the case of franchises or indirect benefits, the estimated cost of these must be included annually in the Budget Law.

34. Right to own property
    The liberty to acquire dominion over all kinds of goods, except those which nature has made common to all persons or which should belong to the whole nation and the law so declares. The foregoing is without prejudice to the provisions of other provisions of this Constitution.

    A law of qualified quorum, when the national interest so requires, may establish limitations or requirements for the acquisition of ownership of certain assets.

35. The right of property in its various forms over all kinds of tangible or intangible property.
    1. Right to own property
       Only the law can establish the manner of acquiring, using, enjoying and disposing of property, and the limitations and obligations deriving from its social function. This includes whatever is required by the general interests and security of the Nation, public utility and health, and the conservation of the environmental heritage.
    2. Right to own property, Protection from expropriation
       No one may, in any case, be deprived of his property, of the property on which it falls, or of any of the essential attributes or faculties of dominion, except by virtue of a general or special law authorizing expropriation for reasons of public utility or national interest, qualified by the legislator. The expropriated party may challenge the legality of the expropriatory act before the ordinary courts and shall always be entitled to monetary compensation for the damage caused, which shall be determined by mutual agreement or in a judgment rendered in accordance with the law by those courts. In the absence of an agreement, the compensation must be paid in cash.
    3. Protection from expropriation
       The taking of physical possession of the expropriated property shall take place upon payment of the total compensation, which, in the absence of agreement, shall be provisionally determined by experts in the manner indicated by law. In the event of a claim about the appropriateness of the expropriation, the judge may, on the merits of the information invoked, order the suspension of the taking of possession.
    4. Ownership of natural resources
       The State has absolute, exclusive, inalienable and imprescriptible ownership of all mines, including coal mines, metalliferous sands, salt flats, deposits of coal and hydrocarbons and other fossil substances, with the exception of surface clays, notwithstanding the ownership of natural or legal persons over the land in which they are located. Surface properties shall be subject to the obligations and limitations established by law to facilitate the exploration, exploitation and benefit of such mines.
    5. Ownership of natural resources
       It is up to the law to determine which of the substances referred to in the preceding paragraph, with the exception of liquid or gaseous hydrocarbons, may be the subject of exploration or exploitation concessions. Such concessions shall always be constituted by judicial decision and shall have the duration, confer the rights and impose the obligations expressed by law, which shall be a qualified quorum. The mining concession obliges the owner to carry out the activity necessary to satisfy the public interest that justifies its grant. Its protection regime shall be established by said law, shall aim directly or indirectly to obtain compliance with this obligation and shall provide grounds for revocation in the event of non-compliance or simple extinction of ownership of the concession. In any case, these grounds and their effects must be established at the time the concession is granted.
    6. Ownership of natural resources
       It shall be the exclusive competence of the ordinary courts of justice to declare the termination of such concessions. Any disputes that may arise regarding the expiry or extinction of the ownership of the concession shall be resolved by them and, in the event of revocation, the affected person may request from the court a declaration of subsistence of his or her right.
    7. Ownership of natural resources, Right to own property
       The owner's dominion over his or her mining concession is protected by the constitutional guarantee referred to in this subparagraph.
    8. Ownership of natural resources
       The exploration, exploitation or beneficiation of deposits containing substances not subject to concession may be carried out directly by the State or its enterprises, or by means of administrative concessions or special operating contracts duly tendered, subject to the requirements and under the conditions established by the President of the Republic in each case by supreme decree. This rule shall also apply to deposits of any kind existing in maritime waters under national jurisdiction and to those situated, in whole or in part, in areas which, in accordance with the law, are determined to be of importance to the security of the country. The President of the Republic may terminate, at any time, without giving cause and with the corresponding compensation, administrative concessions or operating contracts relating to operations located in areas declared to be of importance for the security of the country.
    9. Ownership of natural resources
       Waters, in any of their states and in natural sources or state works for the development of the resource, are national assets for public use. Consequently, their dominion and use belong to the whole Nation. Notwithstanding the foregoing, rights to use water may be constituted or recognized, which confer on the holder the use and enjoyment of water, and allow him to arrange, transmit and transfer such rights, in accordance with the law.
36. Provisions for intellectual property
    The author’s right over their work and intellectual property.
    1. Reference to art, Reference to science
       The State recognizes the author's right over his or her intellectual, artistic and scientific creations, which includes the ownership of the works and other rights, such as authorship, editing and integrity of the work, all in accordance with and for the time indicated by law, which shall not be less than the life of the owner and the related rights that the law ensures.
    2. Industrial property is also guaranteed over patents for inventions, trademarks, models, industrial designs, new plant varieties, or other similar creations determined by law, for the period established by law.
    3. The provisions of clause 35 above on the right of property shall apply to the ownership of intellectual and artistic creations and to industrial property.
37. Protection of consumers
    As consumers, access to goods and services in a free, informed and secure manner. The law shall regulate the rights and duties of consumers and suppliers, as well as the guarantees and procedures for enforcing them. It is the duty of the State and its institutions to protect consumers from abusive practices and to guarantee the exercise of their rights, individually or collectively, by promoting education, health and safety in the consumption of goods or services.

Article 17

1. Requirements for birthright citizenship, Requirements for naturalization
   Chileans are:
   1. Those born in the territory of Chile, with the exception of the children of foreigners who are in Chile in the service of its Government, and the children of transient foreigners, all of whom, however, may opt for Chilean nationality.
   2. Children of a Chilean father or mother born in foreign territory. However, it shall be required that one of their immediate elders of the first or second degree has acquired Chilean nationality by virtue of the provisions of subsection a), c) or d).
   3. Those who obtain a letter of naturalization in accordance with the law.
   4. Those who obtained a special grace of naturalization by law.
2. The law shall regulate the procedures for opting for Chilean nationality, the granting, refusal and cancellation of letter of naturalizations and the creation of a register of all these acts.
3. However, those born according to the exceptional situation of clause 1 (a) shall always be Chileans when, for the purposes of the provisions of said law, they become stateless.

Article 18

1. Chilean nationality is lost:
   1. By voluntary resignation manifested before the competent Chilean authority. This waiver will only take effect if the person has previously been naturalized in a foreign country.
   2. By supreme decree, in case of rendering services during a foreign war to enemies of Chile or its allies.
   3. Due to the cancellation of the letter of naturalization.
   4. By revocation of the naturalization granted by grace, in the cases and according to the procedure established by law.
2. Those who have lost their Chilean nationality for any of the reasons established in this article may only be reinstated by law. The loss of nationality shall have no effect with respect to the person who thereby becomes stateless and for the duration of that circumstance.

Article 19

1. Chileans who have attained the age of eighteen and who have not been sentenced to punishment are citizens.
2. Citizenship grants the right to vote, to run for elected office, and to hold office by the Constitution or the law.
3. Citizens with the right to vote who are outside the country may vote from abroad in presidential primary elections, in elections for President of the Republic and in national plebiscites.
4. In the case of Chileans referred to in subparagraphs (b) and (d) of Article 17, the exercise of the rights conferred on them by citizenship shall be subject to the fact that they have been resident in Chile for more than one year.

Article 20

1. Citizenship is lost:
   1. Due to loss of Chilean nationality.
   2. Due to conviction of afflictive punishment.
   3. Conviction for offenses that the law classifies as terrorist conduct and those related to drug trafficking, trafficking or smuggling of persons, as well as those committed by authorities or public officials in the exercise of their functions, and which have also warranted afflictive punishment. 
2. Those who have lost their citizenship for the reason indicated in subparagraph (b) shall regain it in accordance with the law once their criminal liability has been extinguished. Those who have lost it for the reasons provided for in paragraph c) may request their reinstatement from the Senate, once their sentence has been served.

Article 21

1. Foreigners who have resided in Chile for more than five years, who have valid permanent residence and who meet the requirements established by this Constitution, may exercise the right to vote in the cases and forms determined by law.
2. Those who have been naturalized in accordance with article 17 (c) shall have the option of holding popularly elected public office only after five years of being in possession of their letters of naturalization.

Article 22

Article 23

1. Only the law may limit or restrict the exercise of fundamental rights.
2. The rights enshrined in this Constitution shall be subject only to those limits which are reasonable and can be justified in a democratic society.
3. In no case may a fundamental right be affected in its essence, nor may conditions, taxes or requirements be imposed that prevent its free exercise.

Article 24

Article 25

Article 26

1. Any person who, as a result of illegal or arbitrary acts or omissions, suffers deprivation, disturbance or threat in the legitimate exercise of the rights and guarantees recognized in Article 16 of this Constitution, with the exception of the rights set forth in the following paragraph, may personally or through anyone on their behalf, apply to  the respective Court of Appeals, which shall immediately take the measures it deems necessary to restore the rule of law. In the case of the right to live in a healthy and pollution-free environment, this action shall proceed when it is affected by an illegal act or omission attributable to a specific authority or person.
2. Right to water
   In the case of social benefits linked to the exercise of the rights to health, housing, water and sanitation, social security and education established in Article 16 of this Constitution, any person who, as a result of illegal acts or omissions, suffers deprivation, disturbance or threat in the legitimate exercise of benefits expressly regulated by law may apply by himself or by anyone on his behalf to the respective Court of Appeals, which shall order compliance with the benefit, ensuring the due protection of the affected party.
3. A law shall regulate the procedure of such actions, the processing of which shall be brief and concentrated, and shall enjoy preference for hearing and adjudication.
4. The court may, before deciding the action, adopt any urgent interim measure.
5. Notwithstanding the provisions of the preceding paragraph, in the event that the Court dismisses the action on the grounds that the matter is of a general knowledge or is not of a precautionary nature, it shall indicate the procedure that corresponds in law and that allows the resolution of the matter.
6. Right to appeal judicial decisions
   The decision may be appealed to the Supreme Court, which shall hear and resolve the appeal, and may decide to group appeals of the same nature.

Article 27

1. Any person who is arrested, imprisoned or detained in violation of the provisions of this Constitution or the laws may claim, personally or through anyone on their behalf, before the respective Court of Appeals. The court may order that the person concerned be brought before it, and if it is found that the deprivation of liberty has been or has become illegal, it shall order his or her release or immediately take such measures as it deems necessary to restore the rule of law and ensure the due protection of the person concerned.
2. The same action may be brought with respect to a precautionary measure or custodial sentence established by a court, when the execution of the measure violates their constitutional rights. In this case, the court may be constituted in the place where the person was detained, ordering the necessary measures to restore his or her rights.
3. Likewise, this action may be deducted in favor of any person who unlawfully suffers, whether by an authority or an individual, any other deprivation, disturbance or threat to his or her right to personal liberty and individual security. In such a case, the respective magistracy shall issue the measures indicated in the preceding clauses that it deems appropriate to restore the rule of law and ensure the proper protection of the affected person.
4. Right to appeal judicial decisions
   The decision may be appealed to the Supreme Court, which shall hear and resolve the appeal.
5. The law shall establish an abbreviated and concentrated amparo procedure for the hearing and resolution of this action, which shall have preference for its consideration and judgment.

Article 28

Article 29

1. Once a final dismissal or acquittal has been issued, any person who has suffered a deprivation or restriction of his or her liberty or has been convicted in any instance by a decision that the Supreme Court declares to be manifestly erroneous or arbitrary, shall have the right to be compensated by the State for the monetary and moral damages he or she has suffered. Compensation shall be determined by the courts in a brief and summary proceeding, in which the evidence shall be assessed in due conscience.
2. The State shall be liable for administrative conduct which, in the course of a judicial proceeding, results in a defective administration of justice that causes damages.

Article 30

1. 1. The exercise of the rights and guarantees guaranteed to all persons by the Constitution may be affected only under the following exceptional situations: external or internal war, severe internal turmoil, emergency and public calamity, when they seriously affect the normal functioning of State institutions.
2. 2. Only the exercise of the rights and guarantees expressly indicated in the following articles may be restricted or suspended.

Article 31

1. Legislative oversight of the executive
   The President of the Republic shall declare a state of assembly in the event of a foreign war and a state of siege in the event of an internal war, serious internal commotion or terrorist act, with the consent of the National Congress. The declaration must identify the areas affected by the relevant state of emergency.
2. Legislative oversight of the executive
   The National Congress, within a period of five days from the date on which the President of the Republic submits the declaration of a state of assembly or siege to its consideration, shall decide whether to accept or reject the proposal, without being able to make any modifications to it. If the Congress does not act within this period, it shall be deemed to have approved the President's proposal.
3. Legislative oversight of the executive
   However, the President of the Republic may apply the state of assembly or siege immediately while the National Congress decides on the declaration, but in the latter state he or she may only restrict the exercise of the right of assembly. Measures adopted by the President of the Republic pending the meeting of the National Congress may be subject to review by the courts of justice, without the provisions of Article 36, paragraph 1, being applicable in the meantime.
4. The state of assembly shall remain in force for as long as the external war situation lasts, unless the President of the Republic orders its suspension in advance.
5. Legislative oversight of the executive
   The state of siege shall be in effect for fifteen days from its declaration. The President of the Republic may request its extension, for which he or she shall require the assent of the National Congress. In the event of a third extension or those that succeed it, the vote of an absolute majority of the deputies and senators in office shall be required.
6. By declaring a state of assembly, the President of the Republic shall have the power to suspend or restrict personal freedoms, the right of assembly and the freedom to work. He or she may also restrict the exercise of the right of association, intercept, open or search documents and all kinds of communications, order requisitions of property and establish limitations on the exercise of the right to property. 
7. By declaring a state of siege, the President of the Republic may restrict freedom of movement and arrest persons in their own dwellings or in places determined by law and which are not prisons or intended for the arrest or imprisonment of common criminals. It may also suspend or restrict the exercise of the right of assembly.

ARTICLE 32

1. A state of catastrophe, in the event of a public calamity, shall be declared by the President of the Republic, determining the area affected by the same.
2. Legislative oversight of the executive
   The National Congress may annul the declaration after one hundred and eighty days from this date, if the reasons that motivated it have ceased completely. However, in his or her first declaration, the President of the Republic may only declare a state of catastrophe for a period of more than one year with the agreement of the National Congress. Furthermore, the President of the Republic may request any extension period, which shall also require the agreement of Congress.
3. Legislative oversight of the executive
   The National Congress, within a period of five days from the date on which the President of the Republic submits the declaration of a state of catastrophe, shall decide whether to accept or reject the proposal, without being able to introduce modifications to it. The aforementioned agreement shall be processed in the manner established in section 2 of Article 31.
4. Once the state of catastrophe has been declared, the respective areas shall be under the immediate jurisdiction of the Chief of National Defense designated by the President of the Republic. This authority shall assume the direction and supervision of those zones having the powers and duties established by law.
5. By declaring a state of catastrophe, the President of the Republic may restrict the freedom of movement and assembly. He or she may also order requisitions of property, establish limitations on the exercise of property rights and adopt all extraordinary administrative measures that are necessary for the prompt restoration of normality in the affected area.

Article 33

1. Legislative oversight of the executive
   A state of emergency shall be declared by the President of the Republic in the event of a serious disturbance of public order or serious damage to internal security, and shall determine the areas affected by such circumstances. The state of emergency may not be extended for more than fifteen days, without prejudice to the fact that the President of the Republic may extend it for the same period. However, for successive extensions, the President shall always need the agreement of the National Congress. The aforementioned agreement shall be processed in the manner established in paragraph 2 of Article 31.
2. Once a state of emergency has been declared, the respective zones shall be placed under the immediate authority of the Chief of National Defense appointed by the President of the Republic. This authority shall assume the direction and supervision of those areas with the powers and duties indicated by law.
3. By declaring a state of emergency, the President of the Republic may restrict the freedoms of movement and assembly.

Article 34

Article 35

1. A law of qualified quorum shall regulate states of emergency, as well as their declaration and the application of the legal and administrative measures that may be adopted under them. Such law shall consider what is strictly necessary for the prompt restoration of constitutional normality and may not affect the powers and functioning of constitutional bodies or the rights and immunities of their respective holders.
2. Legislative oversight of the executive
   The President of the Republic shall report to the National Congress on the measures adopted pursuant to the declaration of states of constitutional emergency. The corresponding institutional law shall regulate the manner in which this duty shall be fulfilled.
3. The measures adopted during states of emergency may not, under any circumstances, be extended beyond the duration of the period.
4. Legislative oversight of the executive
   The request for the renewal of states of emergency shall be reported by a Bicameral Commission composed of an equal number of deputies and senators. That commission should recommend approving or rejecting the extension, taking into account the sufficiency of the measures taken and the effective use of the powers it confers.

Article 36

1. Right to amparo, Ultra-vires administrative actions
   The courts of justice may not characterize the grounds or factual circumstances invoked by the authority to decree states of emergency, without prejudice to the provisions of Article 30. However, with respect to particular measures that affect constitutional rights, there shall always be a guarantee of recourse to the judicial authorities through the appropriate remedies.
2. The decree of the President of the Republic and the administrative acts of the Chief of National Defense issued pursuant to the declaration of a constitutional state of exception must expressly indicate the rights to be restricted or suspended.
3. Right to own property
   Any requisitions made shall give rise to compensation in accordance with the law. Limitations imposed on the right to property shall also entitle the right to compensation when they result in the deprivation of any of its essential attributes or faculties and thereby cause damage.

Article 37

1. Duty to obey the constitution, Reference to fraternity/solidarity
   All people must respect each other and behave fraternally and in solidarity. They must also honor the republican tradition, defend and preserve democracy, and faithfully and loyally observe the Constitution and the law.
2. Protection of environment, Right to culture
   In the same way, all people should contribute to preserving Chile's environmental, cultural and historical heritage.
3. Protection of environment
   It is the duty of all the inhabitants of the Republic to protect the environment, considering future generations, and to prevent environmental damage. In the event that it occurs, they shall be responsible for the damage they cause, contributing to its reparation in accordance with the law.
4. All citizens who exercise public functions have the duty to faithfully and honestly carry out their duties, complying with the principle of probity in all their actions. Fighting corruption is a duty of all the inhabitants of the Republic.
5. Duty to pay taxes, Compulsory voting
   The inhabitants of the Republic must comply with public charges, contribute to the maintenance of public expenditure through the payment of taxes in accordance with their economic capacity, and vote in elections and plebiscites, all in accordance with the Constitution and the law. They must also defend peace and use peaceful methods of political action.
6. Rights of children, Rights or duties of parents
   The inhabitants of the Republic have the duty to assist, feed, educate and protect their children. For their part, they have the duty to respect their fathers, mothers and elders and to assist, feed and help them when they need it, under conditions of reciprocity.
7. State support for the elderly, State support for children, Rights of children, Right to found a family, Human dignity, Rights or duties of parents
   Every person, institution or group must ensure respect for the dignity of children and the elderly. The family has a duty of care to all its members. The State shall provide support and accompaniment mechanisms for motherhood and child-rearing.
8. It is the duty of the State and individuals to promote the protection of animals and their welfare, as well as to promote their respect through education in accordance with the law.

Article 41

1. Political parties are autonomous, voluntary associations organized democratically, endowed with legal personhood under public law, made up of natural persons who share the same ideological and political principles. Their purpose is to contribute to the functioning and strengthening of the democratic system, to represent groups in society and to exert influence in the conduct of the State, in order to achieve the common good and the public interest.
2. International law
   Political parties express political pluralism, mediate between the people and the State, and participate in the formation and expression of the will of the people. They are a fundamental instrument for democratic political participation and for channeling citizen participation through the mechanisms established by this Constitution and the law. They contribute to the integration of national representation, to the respect, guarantee and promotion of the human rights recognized in the Constitution and in the international treaties ratified and in force in Chile.

Article 42

Article 43

1. Regulation of political parties, Right to form political parties
   Political pluralism is guaranteed by the Constitution. Political parties shall be free to define and amend their declarations of principles, programmes and agreements; to put forward candidates in elections and, in general, to carry out their own activities in accordance with the law.
2. Restrictions on political parties, Prohibited political parties
   Political parties, movements or other forms of organization whose objectives, acts or conduct do not respect the basic principles of the democratic regime, as well as those that use, advocate or incite violence, shall be declared unconstitutional. It shall be the responsibility of the Constitutional Court to hear and judge these matters.
3. Regulation of political parties
   Political parties shall adopt management and supervision mechanisms to prevent breaches of probity and transparency, in accordance with institutional law.

Article 44

1. Campaign financing
   The institutional law shall determine the requirements for the formation and dissolution of a political party and other rules for it to conduct its activities and shall indicate the rules to which financing shall be subject for its ordinary operation and for electoral campaigns. Their income may only be of national origin and they may only receive private financing, from natural persons, and public financing authorized by the aforementioned institutional law. Their accounts must be public.
2. The bylaws of political parties shall contain rules that ensure effective internal democracy and shall be subject to the standards of transparency, probity and accountability established by law.
3. Equality regardless of gender
   The law shall provide for mechanisms to ensure balanced participation between women and men in the composition of its collegiate bodies.
4. Legally constituted parties must have regulations on party discipline, with specific sanctions associated with non-compliance with such regulations.
5. Campaign financing
   Political parties shall be able to access funding when they are constituted and comply with the rules that regulate their functioning and internal organization.
6. Electoral commission
   The general register of members of a political party shall be administered by the Electoral Service and shall be reserved, except for its respective members.
7. Electoral commission, Electoral court powers
   Their internal elections, concerning its national collegiate intermediary body and supreme tribunal , shall be supervised by the Electoral Service and certified by the Election Certification Court, while those of its national executive body shall also be administered by the Electoral Service and certified by the Election Certification Court, in the manner indicated by the respective electoral law. In the event that the national executive body is indirectly elected through another organ of the party, the elections of the latter shall be those administered by the Electoral Service.
8. Electoral court powers
   The sanctioning power of political parties is vested in their supreme tribunal and regional tribunals. Its application shall be carried out with the guarantees of a fair and reasonable procedure. The final judgment of the Supreme Court that has ordered or confirmed the application of a sanction of expulsion or suspension of a member shall be appealable before the Election Certification Court and shall only take effect once it is enforceable.
9. An electoral law shall establish a system of primary elections that may be used by political parties for the nomination of candidates for popularly elected positions determined by law, the results of which shall be binding on these groups, except for the exceptions established by law. Those who are not elected in the primary elections may not be candidates, in that election, for the respective office.

Article 45

Article 46

1. A group of one hundred people qualified to vote shall be able to register a citizens' initiative on the Electoral Service platform. In order for the initiative to be discussed in the National Congress, it must, in any case, gather support equivalent to four percent of the last electoral roll and not more than six percent of that list. In any case, citizens' initiatives to amend the Constitution, to repeal a law, or to those matters that correspond to the exclusive initiative of the President of the Republic and international treaties will not be admissible.
2. The Electoral Service shall have a technological and expeditious system to register citizen initiatives of law. These must be presented in writing, containing the main or fundamental ideas that motivate them and the articles proposed. There shall be a period of one hundred and eighty days for the proposal to be known by the citizens and gather the support required in clause 1.
3. Once the support referred to in this article has been obtained, the Electoral Service shall forward the initiative to the National Congress, so that it may begin its processing in accordance with the procedure for the formation of the law. The provisions of Articles 87 and 172 shall apply to the processing of these initiatives. If the period referred to in the previous paragraph has elapsed without having gathered the required support, the Electoral Service shall archive the initiative.

Article 47

1. The law shall guarantee the participation of individuals in the public management of the organs of the State Administration, establishing favorable conditions for their effective exercise. It shall also establish mechanisms for them to participate in their oversight and control.
2. Right to information
   The law shall provide for public hearings or consultations in the processes of drafting general regulations at the various levels of the State Administration, as well as the necessary mechanisms to compile and systematize the data and information generated in the aforementioned hearings or consultations.

Article 48

1. The law shall establish forums for citizen deliberation that will collaborate in the resolution of a specific matter of public debate, whether national, regional or communal in scope, previously defined by the corresponding authority in each case. These forums shall be of a consultative nature and may make recommendations on matters expressly submitted to them.
2. There shall be an impartial collegiate body whose function shall be to convene the deliberative forum at the request of the competent authority and to ensure the correct application of this procedure.
3. The deliberation forum shall be chosen by a random selection mechanism among the citizens, who may accept or reject the call to participate. The random integration of the forum should ensure a representative, diverse and pluralistic participation of the population.

 Article 49

1. The regional governor or the mayor, as appropriate, with the agreement or at the request of two-thirds of the regional councilors or local councilors in office, respectively, or a group of persons qualified to vote representing eight per cent of the regional or communal electoral roll, respectively, may submit to a plebiscite those matters of municipal or regional competence.  as appropriate, expressly indicated in the institutional law. What is approved in these plebiscites by an absolute majority of the votes validly cast shall be binding on the regional or communal authorities, provided that it meets the corresponding quorum and other requirements established by law.
2. The institutional law shall regulate the timing and manner of the convocation of regional and local plebiscites, the time at which they may be held, the requirements for citizens to sponsor an initiative, and the voting and counting mechanisms.
3. In no case may the resolution of these plebiscites modify what is established in the regional or municipal budgets or affect other regions or communes.

Article 50

1. The regional governor or mayor, at the request of the Regional Council or the Municipal Council, as appropriate, shall consult the citizens of his or her region or commune on their budgetary priorities. This consultation shall not be binding.
2. The law shall determine the opportunities and manner in which such consultations may be convened, which shall be held at least once for each regional or municipal mandate.

Article 52

1. Size of first chamber, Electoral districts
   The Chamber of Deputies is made up of members elected by direct vote by electoral districts. The respective electoral law shall determine the electoral districts and the manner of their election.
2. Term length for first chamber
   The Chamber of Deputies shall be renewed in its entirety every four years.
3. First chamber representation quotas
   The distribution of seats among the districts shall tend towards equitable representation according to the population of the electoral territory.

Article 53

1. Size of second chamber, Electoral districts
   The Senate is composed of members elected by direct vote by senatorial constituencies, in consideration of the regions of the country, each of which shall constitute at least one constituency. The respective electoral law shall determine the number of senators, the senatorial districts and the manner of their election.
2. Term length of second chamber
   Senators shall hold office for eight years and shall be renewed in halves every four years, in the manner determined by the respective electoral law.

Article 54

Article 55

1. It shall be understood that deputies and senators have, by the sole operation of the law, their residence in the corresponding region, while they are in office.
2. Scheduling of elections
   The elections of deputies and senators shall be held in conjunction with the first ballot to elect the President of the Republic.
3. Term limits for first chamber, Term limits of second chamber
   Deputies may be successively re-elected to office for up to two terms; Senators may be successively re-elected to office for up to one term. For these purposes, it shall be understood that deputies and senators have held office for a period when they have completed more than half of their mandate. However, in no case shall they be counted as successive periods, for the application of this rule, when the office of deputy or senator has been exercised in a non-consecutive manner.
4. Replacement of legislators
   Vacancies for deputies and senators shall be filled by the citizen chosen by the political party to which the parliamentarian who created the vacancy belonged at the time of being elected.
5. Replacement of legislators
   Parliamentarians elected as independents shall not be replaced.
6. Replacement of legislators
   Parliamentarians elected as independents who have run in association with a political party shall be replaced by the citizen chosen by the party that declared their candidacy.
7. Replacement of legislators
   In order to fill the vacancies referred to in clauses 4 and 6, the respective political parties shall follow the procedures established in their bylaws, which shall include mechanisms for consultation with the internal bodies determined by them.
8. Replacement of legislators
   The replacement must meet the requirements to be elected deputy or senator, as the case may be. However, a deputy may be nominated to occupy the position of a senator, in which case the rules of the preceding clauses must be applied to fill the vacancy left by the deputy, who upon assuming his or her new position shall cease to hold the one he or she held.
9. The new deputy or senator shall exercise his or her functions for the term of office of the person who created the vacancy, which shall not be considered for the limit established in clause 3.
10. In no case shall supplementary elections be held.

Article 56

1. The declaration of lists composed only of independent candidates shall not be allowed.
2. Electoral commission
   It shall be the responsibility of the Board of Directors of the Electoral Service to update, every ten years, the allocation of the seats of deputies among the established districts, in accordance with the procedure and within the deadlines established in the electoral law.
3. Size of first chamber
   The Chamber of Deputies shall be composed of members elected in multi-member districts. In each of these districts, between two and six seats shall be elected, according to a system previously established by the electoral law.
4. Regulation of political parties
   Only political parties that reach at least five percent of the votes validly cast, at the national level, in the election of the members of the respective Chamber of Deputies, shall have the right to participate in the allocation of seats in that Chamber. This rule shall not apply to a party that has enough seats to add up to at least eight parliamentarians in the National Congress, between those eventually elected in that parliamentary election and the senators who continue in office until the next election. The votes obtained by the political parties that do not obtain seats, in accordance with the above rules, shall be allocated to the parties of the pact that do meet the requirements to be part of the Chamber of Deputies, in proportion to the number of votes obtained by them in the respective electoral district.
5. Independents who are part of a party list shall be subject to the rules of the previous clause.
6. The calculation of the percentages indicated shall be made according to the general count carried out by the Election Certification Court.

Article 57

Article 58

1. The Senate has the exclusive powers to:
   1. Head of state removal, Supreme/ordinary court judge removal, Cabinet removal, Constitutional court removal
      To take cognizance of the accusations brought by the Chamber of Deputies in accordance with the preceding article.
      1. The Senate shall decide as a jury and shall confine itself to declaring whether or not the accused is guilty of the crime, infraction or abuse of power with which he or she is charged. Only those who attend all the sessions in which the accusation is reviewed may participate in this decision.
      2. The commission of deputies that is appointed to formalize and continue the accusation in the Senate must be composed of three of the deputies who made the accusation.
      3. The guilty plea must be pronounced by two-thirds of the senators in office in the case of an accusation against the President of the Republic, and by four-sevenths of the senators in office in all other cases. In no case shall the party order proceed on this vote.
      4. Due to the guilty plea the accused is removed from office, and may not perform any public function, whether elected by the people or not, for a term of five years.
      5. The official found guilty shall be tried in accordance with the law by the competent court, both for the purpose of applying the penalty prescribed for the offense, if any, and for the enforcement of civil liability for damages caused to the State or to individuals.
      6. Officials impeached by the Chamber of Deputies and convicted by the Senate can only be pardoned by the National Congress.
   2. Ultra-vires administrative actions
      To decide whether or not to admit the legal actions that any person intends to initiate against a Minister of State, due to the damages that he or she may have suffered unjustly as a result of the latter's act in the performance of his office.
   3. To take cognizance of disputes of jurisdiction that arise between the political or administrative authorities and the superior courts of justice.
   4. Grant the rehabilitation of citizenship in the case of clause 2 of Article 20, as well as that of clause 2 of Article 15.
   5. Legislative oversight of the executive
      To give or withhold its consent to the acts of the President of the Republic or to the appointments of the authorities and officials proposed by him or her, in the cases and in accordance with the quorum required by the Constitution or the law. If the Senate does not pronounce itself within thirty days after the request for urgency by the President of the Republic, the matter shall be put to the vote by the sole ministry of the Constitution in the nearest chamber session. The institutional law of the National Congress shall provide for hearings and other mechanisms that favor public scrutiny of the merit of the nominee.
   6. Legislative oversight of the executive
      To grant its agreement so that the President of the Republic may be absent from the country for more than thirty days or from the day indicated in clause 1 of Article 92.
   7. Head of state removal
      To declare, by two-thirds of the senators in office, the incapacity of the President of the Republic or of the President-elect when a physical or mental impairment disqualifies him or her from exercising his or her functions; and to declare in the same way, when the President of the Republic resigns from office, whether or not the reasons for the resignation are well-founded and, consequently, to admit or reject it. The Senate will have ten days to decide.
   8. To give its opinion to the President of the Republic in cases where the latter requests it.
2. Legislative oversight of the executive, Legislative committees
   The Senate, its commissions and other bodies, including parliamentary committees, if any, may not oversee the acts of the Government or the entities that depend on it, nor may they adopt agreements that imply oversight. 

Article 59

Article 60

1. Length of legislative sessions
   The National Congress shall be installed and begin its session in the manner determined by its institutional law.
2. Emergency provisions, Joint meetings of legislative chambers
   In any case, it shall always be understood as convoked by the right to take cognizance of the declaration of the states of constitutional exception.
3. Emergency provisions, Cabinet removal, Head of state removal, Constitutional court removal, Supreme/ordinary court judge removal
   The institutional law of the National Congress shall regulate the processing of constitutional accusations, the classification of emergencies and everything related to the internal processing of the law.

Article 61

1. Quorum for legislative sessions
   The Chamber of Deputies and the Senate may not enter into session or adopt resolutions without the concurrence of one third of their members in office.
2. Quorum for legislative sessions
   Each of the Chambers shall establish in its own rules of procedure the closure of the debate by a simple majority.

Article 62

1. During the month of July of each year, the President of the Senate and the President of the Chamber of Deputies shall give a public address to the country, in a session of the Plenary Congress, on the activities carried out by the Corporations over which they preside.
2. The rules of procedure of each Chamber shall determine the contents of such an address and shall regulate the manner in which this obligation is to be fulfilled.

Article 63

Article 64

1. The work of the National Congress shall receive technical and independent support from the Library of Congress and the Parliamentary Office of Public Finance and Regulatory Impact, as services shared by the two branches.
2. The Congressional Office for Public Finance and Regulatory Impact shall be responsible for analyzing the financial and regulatory impact of draft legislation, as well as analyzing the Budget Law. In no case may the performance of this task imply the exercise of executive functions or affect the powers of the President of the Republic, or perform acts of oversight. 

Article 65

Article 66

1. The following may not be candidates for deputies or senators:
   1. Eligibility for cabinet
      Ministers of State, Undersecretaries, representatives of the President of the Republic in the regions and provinces, and regional ministerial secretaries.
   2. Regional governors, mayors, regional councilors and local councilors.
   3. Central bank
      Members of the Board of the Central Bank.
   4. Judges of the superior courts of justice and Judges of the ordinary and special Courts.
   5. Members of the Constitutional Court, the Election Certification Court and the regional electoral tribunals.
   6. The Comptroller General of the Republic.
   7. Natural persons and managers or administrators of legal entities that enter into or guarantee contracts with the State.
   8. The National Prosecutor, the Supraterritorial Prosecutor, the Regional Prosecutors and the Deputy Prosecutors of the Public Prosecutor's Office.
   9. Restrictions on the armed forces
      The Commanders-in-Chief of the Army, Navy and Air Force, the General Director of the Carabineros [Police] of Chile, the Director General of the Chilean Investigations Police and officers belonging to the Armed Forces and the Forces of Order and Public Security.
   10. The members of the Board of Directors of the Council for Transparency.
   11. The members of the Board of Directors of the Electoral Service.
   12. People who hold a managerial position in a trade union.
2. The disqualifications established in this article shall be applicable to those who have held the aforementioned qualities or positions within the six months immediately preceding the election. However, the persons referred to in clauses (g) and (l) shall not meet these conditions at the time of registering their candidacy and, in the case of those indicated in clauses (f), (h), (i) and (k), the period of disqualification shall be the two years immediately preceding the election.
3. If the persons listed in this article are not elected in the election, they may not return to the same office or be appointed to positions similar to those they held until one year after the election. Persons who hold a managerial position in a guild  or neighborhood association must relinquish such functions from the time of the registration of their candidacies until the day of the election.

Article 67

1. The positions of deputies and senators are incompatible with each other and with any employment or commission remunerated with funds from the Treasury, municipalities, regional governments, autonomous fiscal entities, semi-fiscal entities, or state-owned enterprises or those in which the Treasury is involved through capital contributions, and with any other function or commission of the same nature. Exceptions are made for teaching posts and functions or commissions of the same nature in higher, secondary and special education.
2. Additionally, the positions of deputies and senators are incompatible with the functions of directors or councilors, even when they are honorary, in autonomous fiscal entities, semi-fiscal entities or in state-owned enterprises, or in which the State has a stake by capital contribution and in management positions of a union or neighborhood nature.
3. By the mere fact of its proclamation by the Election Certification Court, the deputy or senator shall cease to hold any other incompatible position, employment or commission that he or she holds.

Article 68

1. No deputy or senator, from the moment of his or her proclamation by the Election Certification Court, may be appointed to any of the posts, functions or commissions referred to in the preceding article.
2. This provision does not apply in the event of foreign war; nor does it apply to the positions of President of the Republic, Minister of State and diplomatic agent; but only the positions conferred during a state of war are compatible with the functions of deputy or senator.

Article 69

1. A deputy or senator who is absent from the country for more than thirty days without the permission of the Chamber to which he or she belongs or, in recess of the same, of its President, shall cease to hold office.
2. A deputy or senator who, during his or her term of office, enters into or secures contracts with the State, or who acts as a procurer or agent in particular administrative matters, in the provision of public employment, departments, functions or commissions of a similar nature, shall cease to hold office. The same penalty shall be incurred by anyone who agrees to be a director of a bank or of a corporation, or holds positions of similar importance in these activities.
3. The disqualification referred to in the preceding clause shall take place whether the deputy or senator acts on his or her own behalf or through an intermediary person, natural or legal, or through a partnership of persons of which he or she is a member.
4. A deputy or senator who acts or intervenes in any way, by himself or on behalf of another natural or legal person, exercising jurisdictional actions of any nature, unless he or she has been directly affected or offended or the relatives determined by law have been affected, shall cease to hold office. Anyone who exercises any influence on the administrative or judicial authorities in favor of or on behalf of the employer or workers in labor negotiations or disputes, whether in the public or private sector, or who intervenes in them before any of the parties, shall also cease to hold office. The same penalty shall be applied to any parliamentarian who acts or intervenes in student activities, whatever the branch of education, with the aim of undermining their normal development.
5. Additionally, a deputy or senator who, by word or in writing, incites the disturbance of public order or promotes the change of the institutional legal order by violent means, or who seriously compromises the security or honor of the Nation, shall also cease to hold office.
6. Any person who loses the position of deputy or senator for any of the reasons indicated above may not opt for any public position or employment, whether or not elected by the people, for a period of two years.
7. A deputy or senator who has seriously infringed the rules on transparency, limits and control of electoral spending shall cease to hold office from the date declared by a final judgment of the Election Certification Court, at the request of the Board of Directors of the Electoral Service. An electoral law will identify cases where there is a serious offense. Furthermore, the deputy or senator who loses office may not opt for any public function or employment for a period of three years, nor may he or she be a candidate for popularly elected office in the two elections immediately following his or her removal.
8. Moreover, any deputy or senator who, during his or her term of office, loses any general eligibility requirement or incurs in any of the grounds for incapacity referred to in this Constitution shall also cease to hold office, without prejudice to the exception provided for ministers of state.
9. Deputies and senators may resign from their positions when they are affected by a serious illness that prevents them from performing them and is so allowed by the Election Certification Court.
10. A deputy or senator who resigns from the political party that declared his or her candidacy shall cease to hold office.
11. A deputy-elect or senator who, from the day of his or her election, incurs in the cause stated in the preceding clause, shall be prevented from taking the oath.
12. The hearing and resolution of these grounds for cessation shall be the responsibility of the Election Certification Court.

Article 70

1. Deputies and senators are inviolable only for the opinions they express and the votes they cast in the performance of their duties, in chamber or commission sessions.
2. No deputy or senator, from the day of his or her election or from his or her oath, as the case may be, may be accused or deprived of his or her liberty, except in the case of being caught in the act of committing a crime, if the Court of Appeals of the respective jurisdiction, in plenary session, does not previously authorize the accusation declaring that there are grounds for the introduction of a case. An appeal may be lodged with the Supreme Court against the decisions of the courts to this end.
3. In the event that a deputy or senator is arrested for being caught in the act of committing a crime, he or she shall be immediately placed at the disposal of the respective Court of Appeals, with the corresponding summary information. The Court shall then proceed in accordance with the provisions of the preceding clause.
4. From the moment when it is declared, by final resolution, that there is cause to initiate legal proceedings, the accused deputy or senator is suspended from office and subject to the competent judge.

Article 71

Article 72

Article 73

1. The institutional law of the National Congress shall establish the bases of an organization by benches in each Chamber, the rights and obligations of the parliamentarians who compose them, as well as the consequences of renouncing them.
2. Parliamentarians elected as independents and who have not been nominated in association with a political party must join a caucus in accordance with the rules of procedure of the Chamber they are part of.
3. This law shall also establish special rules of probity, transparency, participatory public accounting, and accountability that will be applied to parliamentarians.

Article 74

Article 75

1. The President of the Republic may request authorization from the National Congress to issue provisions with the force of law for a period not exceeding one year on matters that fall within the domain of the law.
2. This authorization may not extend to nationality, citizenship, elections, plebiscites, or to matters that are directly linked to fundamental rights and freedoms or that must be the subject of institutional laws or a qualified quorum.
3. The authorization may not include powers that affect the organization, powers, and regime of officials of the Judiciary, the National Congress, the Constitutional Court, the Central Bank, the Public Prosecutor's Office, or the Office of the Comptroller General of the Republic.
4. The law granting the aforementioned authorization shall indicate the precise matters on which the delegation shall fall and may establish or determine the limitations, restrictions and formalities deemed appropriate.
5. In addition, the President of the Republic, within the first three months after taking office, may issue provisions with the force of law modifying the number and denomination of ministries and the jurisdiction of their public services. In no case may it imply a reduction in the number of civil servants, an impairment of their rights or remuneration, a change in their direct hierarchical dependence, an increase in public spending, or an increase in the number of ministries established by law.
6. The Office of the Comptroller General of the Republic shall be responsible for taking account of these decrees with the force of law, and shall reject them when they exceed or contravene the aforementioned authorization.
7. Decrees with the force of law shall be subject to the same rules governing the law, as regards their publication, validity and effects.
8. Without prejudice to the provisions of the preceding clauses, the President of the Republic is authorized to establish the consolidated, coordinated and systematized text of the laws when it is convenient to improve their execution. In the exercise of this power, he or she may make such changes as may be necessary, without, in any case, altering the true meaning or scope of the laws.

Article 76

1. 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 may not be signed by more than ten deputies or more than five senators.
2. The messages from the President of the Republic shall be signed by the respective Minister and may also be signed by no more than ten deputies or five senators.
3. Legislative committees
   The President of the Republic may submit to the consideration of the respective commissions of both Chambers the core ideas of a message that has not yet been submitted for consideration. The commissions shall prepare a joint report which shall make recommendations within sixty days and after a period of public hearings.
4. First chamber reserved policy areas, Second chamber reserved policy areas, Power to pardon, Subsidiary unit government, Municipal government
   Laws on taxes of any nature, on the budgets of the State Administration and on recruitment, can only originate in the Chamber of Deputies. Laws on amnesty, on general pardons, on regional and local administration and government, on municipalities, and on political and administrative division can only originate in the Senate.
5. Standing committees
   Bills whose purpose is codification shall be reviewed  by a bicameral commission and voted on in the chambers of the Chambers in accordance with the procedure established by the institutional law of the National Congress.

Article 77

1. The institutional law of the National Congress shall determine the information that must be accompanied at the time of the entry of the messages and motions, which, in any case, must include a regulatory impact report and a fiscal expenditure report, when appropriate.
2. Legislative oversight of the executive, Legislative committees
   Unless otherwise unanimously agreed by the respective commission or Chamber, the Minister in charge must attend the session of the respective commission in which the study of a sponsored message or motion on a matter corresponding to his or her ministry is initiated, as well as the session of the chamber when said bill is on the table to be voted on. In the event of failure to appear, the sanction established in the institutional law of the National Congress shall be applied.
3. The institutional laws of constitutionally autonomous bodies may only be amended after prior consultation. The law regulating the jurisdiction of the courts may be amended only after prior hearing of the Supreme Court. In the case of laws relating to the appointment and training of judges, as well as the management and administration of the judiciary, the respective body must be heard beforehand. Moreover, only the institutional laws of regional governments and municipalities, and those laws that establish or modify the political and administrative division of the country, may be amended after prior consultation with a representative of the Council of Governors or the Councils of Mayors, as appropriate.
4. The bodies whose opinion is requested in accordance with the preceding clause shall make a decision within thirty days of receipt of the official letter requesting the pertinent opinion. If the President of the Republic has indicated that the project under consideration is urgent, this circumstance shall be communicated to the body. In this case, the body must respond to  the consultation within the period implied by the respective urgency. If the body does not respond to the consultation within the aforementioned deadlines, the procedure shall be considered completed.

Article 78

1. Budget bills
   The President of the Republic shall have exclusive initiative for bills relating 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 to the matters referred to in subsections (l) and (o) of Article 74.
2. The President of the Republic shall also have the exclusive initiative to:
   1. Tax bills
      To impose, abolish, reduce or remit taxes and other public charges of any kind or nature, to establish exemptions or modify existing ones, and to determine their form, proportionality or progression.
   2. Create new public services or paid jobs, whether fiscal, semi-fiscal, self-employed or state-owned; abolish them and determine their functions or powers.
   3. Finance bills, Subsidiary unit government, Municipal government
      To contract loans or enter into any other type of operation that may compromise the credit or financial responsibility of the State, semi-fiscal or autonomous entities, regional governments or municipalities, and to forgive, reduce or modify obligations, interest or other financial charges of any nature established in favor of the Treasury or the aforementioned agencies or entities.
   4. To establish, modify, grant or increase salaries, retirements, pensions, allowances, rents and any other type of emoluments, loans or benefits to personnel in service or in retirement and to the beneficiaries of allowances, as the case may be, of the State Administration and other bodies and entities mentioned above, with the exception of the positions indicated in Article 107, as well as to establish public holidays, fix the minimum wages of workers in the private sector, obligatorily increase their salaries and other economic benefits or alter the bases that serve to determine them; this is without prejudice to the provisions of the following clauses.
   5. Establish or amend social security rules or those affecting social security, both in the public and private sectors.
   6. That which establishes the modalities and procedures of collective bargaining.
3. Finance bills
   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.
4. Head of state powers
   Motions and proposals that deal with matters of exclusive initiative of the President of the Republic shall be declared inadmissible by the executive officers of the respective Chamber or by the chairman of the commission, as appropriate. The declaration of admissibility may be amended by the favorable votes of a majority of the members in office of the chamber or of the respective commission. The declaration of inadmissibility, meanwhile, may be amended with the favorable votes of four-sevenths of the members in office of the chamber or of the respective commission. The foregoing is without prejudice to the powers of the Constitutional Court to hear the matter.
5. Balanced budget, Budget bills
   Congress may not, in the processing of the Budget Bill or in any other initiative, approve any new expenditure charged to the funds of the Nation without indicating, at the same time, the sources of resources necessary to meet such expenditure.

Article 79

1. The statutory laws  that interpret constitutional precepts shall require, for their approval, modification or repeal, the same quorum that is required to approve a constitutional amendment.
2. The statutory laws to which the Constitution confers the character of electoral law or develops the public electoral system, or the electoral systems applicable to elected positions, shall require for their approval, modification, or repeal the assent of four-sevenths of the deputies and senators in office.
3. The statutory laws to which the Constitution confers the character of institutional law or qualified quorum shall be approved, modified or repealed by a majority of the deputies and senators in office.
4. The rest of the statutory laws  shall require a majority of the members present of each Chamber, or such majorities as may be applicable in accordance with Articles 81 and following.

Article 80

1. The Budget Law bill shall be submitted by the President of the Republic to the National Congress no later than September 30 of each year, and if Congress does not dispatch it within sixty days from its submission, the bill presented by the President of the Republic shall take effect.
2. The National Congress may not increase or decrease the estimate of revenues; it may only reduce the expenditures contained in the Budget Bill, except for those established by permanent law.
3. The Budget Law bill may amend permanent laws only when such modifications come from the message or guidelines presented by the President of the Republic during their processing, and provided that they affect the manner of executing the expenditures established by the law itself or contain scope or limitations in the use of public resources.
4. The President of the Republic shall be exclusively responsible for estimating the performance of the resources consulted in the Budget Law and of the new resources established by any other legislative initiative, following a report from the respective technical bodies.
5. If the source of resources granted by the National Congress is insufficient to finance any new expenditure that is approved, the President of the Republic, when promulgating the law, after a favorable report from the service or institution through which the new revenue is collected, countersigned by the Office of the Comptroller General of the Republic, shall reduce all expenditures proportionately, whatever its nature.

Article 81

Article 82

1. Any bill may be subject to additions or corrections according to corresponding procedures, both in the Chamber of Deputies and in the Senate, but in no case will those that are not directly related to the main or fundamental ideas of the project be accepted.
2. Head of state powers
   The President of the Republic may delegate to one or more ministers, jointly, the power to make these additions or corrections for a given project, which must be signed by order of the President of the Republic.
3. Once a bill has been approved in the Chamber of origin, it shall immediately go to the other Chamber for discussion.

Article 83

1. The bill that is rejected in its entirety by the revising Chamber shall be considered by a mixed commission of an equal number of deputies and senators, which will propose the form and manner of resolving the complications. The draft of the joint commission shall return to the Chamber of origin and, in order to be approved by both that Chamber and the revising Chamber, a majority of the members present in each of them shall be required, unless a different quorum is established for approval in accordance with this Constitution.
2. If the joint commission does not come to an agreement, or if the Chamber of origin rejects the draft of that commission, the President of the Republic may request that the Chamber of Representatives decide whether to insist on a two-thirds vote of its members present on the bill approved at the first stage. Once the insistence is agreed upon, the bill shall pass for the second time to the Chamber that rejected it, and it shall only be deemed rejected if two thirds of its present members concur.

Article 84

1. The bill that has been added to or amended by the revising Chamber shall return to the Chamber of origin, and in this Chamber the additions and amendments shall be deemed approved with the corresponding quorum.
2. If the additions or amendments are rejected, a joint commission shall be formed and shall proceed in the same manner as indicated in the preceding article. In the event that the joint commission does not reach an agreement to resolve the differences between the two chambers, or if either of the chambers rejects the proposal of the joint commission, the President of the Republic may request the Chamber of origin to reconsider the bill approved in the second stage by the revising body. If the Chamber of origin rejects the additions or modifications by two-thirds of its members present, there shall be no law in that part or in whole; but, if there is a majority in favor of rejection of less than two-thirds, the bill shall pass to the revising Chamber, and shall be deemed approved with the assent of two-thirds of the members present of the latter.

Article 85

Article 86

1. If the President of the Republic does not approve of the bill, he or she shall return it to the Chamber of origin with the appropriate observations, within a period of thirty days.
2. In no case shall additive observations that are not directly related to the main or fundamental ideas of the project be admitted, unless they have been considered in the respective message. Eliminatory and substitute observations are always admissible.
3. The Chambers must approve the observations and, if they do so, the bill enters into force and shall be returned to the President of the Republic for promulgation.
4. Veto override procedure
   If both Chambers reject all or some of the observations and insist by two-thirds of their members present on all or part of the bill approved by them, it shall be returned to the President of the Republic for promulgation.
5. However, the quorums referred to in Article 79 shall be respected where appropriate.

Article 87

1. The President of the Republic may make clear the urgency of a bill, in one or all of its procedures and, in such case, the respective Chamber shall discuss the bill and pronounce its decision within the deadlines established by the institutional law of the National Congress, which in no case may exceed sixty days.
2. The calculation of the deadline shall be made, at the proposal of the President of the Republic, by the Chamber in which the bill is filed, in accordance with the institutional law of the National Congress.
3. However, either Chamber may agree that the deadline for the urgency period of a bill is suspended if two or more bills with urgency are pending before the commission responsible for reporting on them.
4. Failure to comply with the urgency shall result in the sanctions, including monetary penalties, established by law, which shall fall on the presidents of the commission or corporation that should have put the project under discussion or vote, as appropriate.

Article 88

Article 89

1. If the President of the Republic does not return the bill within thirty days from the date of its submission, it shall be deemed that he or she approves it and it shall be promulgated into law.
2. The enactment must always be made within a period of ten days from the appropriate date. The promulgating decree may be signed by one or more of the parliamentarians who sponsored the message or motion.
3. Publication of the law shall be made within five working days following the date on which the promulgation decree is fully processed.
4. Once the law has been published, no court may hear actions or appeals based on possible procedural defects that arose during the processing of the bill.

Article 90

1. Name/structure of executive(s)
   The government and administration of the State are vested in the President of the Republic, who is the Head of State and the Head of Government.
2. Head of state powers
   His or her authority extends to all matters relating to the preservation of public order within the Republic and the external security of the Republic, in accordance with the Constitution and the laws.
3. Legislative oversight of the executive, Joint meetings of legislative chambers
   On June 1 of each year, the President of the Republic shall address the country on the administrative and political state of the Nation before the full Congress.

Article 91

1. Eligibility for head of state, Minimum age of head of state
   To be elected President of the Republic, one must have Chilean nationality in accordance with the provisions of subsections (a) or (b) of clause 1 of Article 17, be at least thirty-five years of age and possess the other qualifications necessary to be a citizen with the right to vote, in accordance with this Constitution.
2. Head of state term limits, Head of state term length
   The President of the Republic shall hold office for a term of four years and may not be re-elected for the period immediately following. However, a person may only hold office as President of the Republic up to two times.
3. Legislative oversight of the executive
   The President of the Republic may not leave the national territory for more than thirty days or from the day indicated in clause 1 of the following article, without the agreement of the Senate.
4. Legislative oversight of the executive
   In any case, the President of the Republic shall inform the Senate in due time of his or her decision to be absent from the territory and the reasons justifying it.

Article 92

1. The President of the Republic shall be elected by direct vote and by an absolute majority of the votes validly cast. The election shall be held together with the election of parliamentarians, in the manner determined by the corresponding law, on the third Sunday of November of the year preceding the year in which the incumbent is to cease holding office.
2. If more than two candidates are nominated for the election of the President of the Republic and none of them obtains more than half of the votes validly cast, a second ballot shall be held between the candidates who have obtained the two highest majorities and the candidate obtaining the highest number of votes shall be elected. This new vote shall be held, in the manner prescribed by law, on the fourth Sunday after the first one has been conducted.
3. For the purposes of the provisions of the two preceding clauses, blank and invalid votes shall be considered as not cast.

Article 93

1. In the event of the death of one or both of the candidates referred to in clause 2 of the preceding article, the President of the Republic shall call a new election within a period of ten days from the date of death. The election shall be held ninety days after the convocation if that day falls on Sunday. If this is not the case, it shall be held on the Sunday immediately thereafter.
2. If the term of office of the President of the Republic expires before the date of inauguration of the President elected in accordance with the preceding clause, the rule contained in Article 95 shall apply.

Article 94

1. The certification process for the presidential election must be completed within fifteen days in the case of the first round or within thirty days in the case of the second round.
2. Electoral court powers
   The Electoral Certification Tribunal shall immediately notify the President of the Senate and the President of the Chamber of Deputies of the proclamation of the President-elect that he or she has made.
3. Joint meetings of legislative chambers
   The full Congress, meeting in public session on the day on which the Acting President is to cease to hold office and with the members who attend, shall recognize the resolution by virtue of which the Election Certification Court proclaims the President-elect.
4. Oaths to abide by constitution
   In the same act, the President-elect shall take an oath or promise before the President of the Senate to faithfully execute the office of President of the Republic, to preserve the independence of the Nation, to observe and ensure that the Constitution and the laws are observed, and shall immediately assume his or her functions.

Article 95

1. Leader of first chamber, Leader of second chamber
   If the President-elect is prevented from taking office, the President of the Senate shall assume the title of Vice-President of the Republic in the meantime; in his or her absence, the President of the Chamber of Deputies, and in his or her absence, the President of the Supreme Court.
2. However, if the President-elect is prevented from taking office absolutely or indefinitely, the Vice-President, within ten days following the resolution of the Senate adopted in accordance with subsection g) of clause 1 of Article 58, shall call a new presidential election to be held ninety days after the convocation, if that day falls on a Sunday. If this is not the case, it shall be held on the Sunday immediately thereafter. The President of the Republic thus elected shall assume his or her functions ten days after the certification of the election and shall remain in office until the day on which the elected person who was unable to take office, and whose impediment would have led to the new election, would have had to leave office.

Article 96

Article 97

1. In the event of a vacancy in the office of President of the Republic, the replacement shall take place according to the circumstances of the preceding article, and a successor shall be elected in accordance with the rules of the following clauses.
2. Joint meetings of legislative chambers
   If the vacancy occurs less than two years before the next presidential election, the President shall be elected by Congress, by an absolute majority of the senators and deputies in office. The election by Congress shall be done within ten days from the date of the vacancy and the elected person shall assume office within thirty days thereafter.
3. If the vacancy occurs two years or more before the next presidential election, the Vice President referred to in the preceding article, within the first ten days of his term of office, shall call the citizens to a presidential election for one hundred and twenty days after the call, if that day falls on a Sunday. If this is not the case, it shall be held on the Sunday immediately thereafter. The elected President shall take office on the tenth day after his or her proclamation.
4. The President elected in accordance with any of the preceding clauses shall remain in office until the end of the term remaining from the person who is replaced, he or she may not run as a candidate in the next presidential election, and the provisions of clause 2 of Article 91 shall apply to him or her.

Article 98

1. The President of the Republic shall cease to hold office on the same day as the end of his or her term and shall be succeeded by the newly elected President.
2. A person who has held this office for the full term shall immediately and fully assume the official distinction of former President of the Republic.
3. By virtue of this status, the provisions of Articles 70 (2), (3) and (4) and 71 shall apply to him or her.
4. Such distinction shall not be assumed by the citizen who comes to occupy the office of President of the Republic due to a vacancy thereof or who has been found guilty in an impeachment trial against him.
5. A former President of the Republic who assumes a function remunerated with public funds shall, as long as he or she performs it, cease to receive the allowance, retaining, in any case, immunity. Exceptions are made for teaching posts and functions or commissions of the same nature in higher, secondary and special education.

Article 99

Article 100

Article 101

1. Ministers of State are the direct and immediate collaborators of the President of the Republic in the government and administration of the State.
2. The law shall determine the number and organization of the ministries, as well as the order of precedence of the titular ministers. The foregoing is without prejudice to the provisions of clause 5 of Article 75.

Article 102

1. To be appointed Minister, it is necessary to be Chilean, to be at least twenty-one years of age, and to meet the general requirements for entry into the State Administration.
2. In cases of the absence, impairment or resignation of a Minister, or when for some other reason the office becomes vacant, he or she shall be replaced in the manner established by law.

Article 103

1. The regulations, decrees and instructions of the President of the Republic must be signed by the respective Minister and shall not be obeyed without this essential requirement.
2. 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 rules established for that purpose by law.

Article 104

Article 105

1. Ministers may attend the sessions of the Chamber of Deputies or the Senate, and take part in their debates, with the ability to speak, but without the right to vote. During the vote, however, they may redress the concepts expressed by any deputy or senator when justifying their vote.
2. Legislative oversight of the executive
   Notwithstanding the foregoing, the ministers must personally attend the special sessions convened by the Chamber of Deputies or the Senate to inform themselves about matters that, belonging to the scope of powers of the corresponding Secretaries of State, they agree to manage, and to the others established by the Constitution.

Article 106

1. The office of Minister of State is incompatible with any other office, employment or commission paid using public or private funds. Exceptions are made for teaching positions as provided by law. By the mere fact of accepting the appointment, the Minister shall cease to hold the incompatible office, employment, function or commission that he or she holds.
2. During the exercise of their duties, Ministers shall be prohibited from entering into or guaranteeing contracts with the State, from acting as lawyers or agents in any kind of lawsuit or as a solicitor or agent in particular administrative matters, from being a director of banks or of a public limited company, and from holding positions of similar importance in these activities.

Article 107

1. The remuneration of the President of the Republic, senators and deputies, regional governors and other officials of exclusive trust determined by law shall be fixed by a commission whose composition and powers shall be determined by an institutional law. Its members shall be appointed by the President of the Republic with the agreement of three-fifths of the senators in office.
2. The decisions of the commission shall be public, shall be based on technical background and shall establish a remuneration that guarantees remuneration appropriate to the responsibility of the position and the independence to carry out its functions and powers.

Article 108

1. The State Administration is at the service of individuals and society and shall aim to promote the common good, meeting public needs in accordance with the Constitution and the law. Furthermore, it shall provide or guarantee, where appropriate, the provision of public services on a continuous, timely and permanent basis, ensuring the quality of the service at all times.
2. The organs of the State Administration shall strive for the efficiency and coherence of the rules they issue within the framework of their powers, and shall promote the modernization of their processes and organization through new tools and technologies that guarantee universal access to services.
3. The law shall establish appropriate mechanisms to ensure that transfers to private entities are carried out, as a general rule, following a public tender and in accordance with technical and objective suitability criteria, and without undermining their specific purposes. It shall also regulate accountability mechanisms and sanctions in the event of non-compliance.
4. The law shall incorporate at all levels of State administration models of organization, administration and supervision that make it possible to prevent unlawful conduct.

Article 109

1. An institutional law shall establish the general bases of the State Administration.
2. The basic structure of each agency shall be determined by law.
3. The heads of service of State agencies may always establish the internal organization of their services and determine the names and functions that correspond to each of the units established for the performance of the functions assigned by law, in compliance with the Constitution.

Article 110

1. The institutional law shall establish a general regime for public service and employment, of a professional and technical nature, which shall regulate the appointment, hiring, development, promotion and termination of these functions.
2. This regime shall be applicable to all public functions and employment of ministries, regional and provincial representations, regional governments and municipalities, and to centralized and decentralized public services created for the performance of administrative functions.
3. General guarantee of equality
   This regime shall be founded on common bases that shall include a public selection system, with free, competitive, inclusive, non-discriminatory, transparent, impartial and agile access, which privileges the merit and suitability of the applicants, observing objective and predetermined criteria.
4. The regime shall include the rules on stability in the position or employment in accordance with the performance, the rights and duties of the officials, the continuous improvement of its members, the performance evaluation procedure based on objective criteria and in relation to the service provided to the people, and the processes of mobility within and between the agencies and institutions referred to in clause 2.
5. The law shall include the rules on termination of functions and the power of dismissal on certain grounds, as well as the corresponding system of insurance or compensation for years of service that shall be applicable in the cases determined by the law.
6. The law shall establish exceptions to this regime in the case of those who exercise government functions in the central administration and those who exceptionally hold positions of exclusive trust, qualified as such by this Constitution or the law. It shall also establish the authority to which their appointment shall correspond and the requirements for being appointed therein. Their cessation shall occur for the reasons indicated by the Constitution and the law.
7. There shall be a national, technical and decentralized body, with legal personhood and its own assets, whose purpose shall be the coordination, supervision and improvement of the functions of the personnel in the services of the civil administration of the State and shall be in charge of the management of a system of senior public management. An institutional law shall regulate the organization and other functions and powers of the aforementioned body.

Article 111

1. Any person whose rights or interests are harmed by the State Administration may file a legal claim.
2. Municipal government, Subsidiary unit government
   Any person who has suffered damage as a result of the lack of service or other grounds of imputation against the State Administration bodies, including regional governments and municipalities, shall be entitled to compensation, without prejudice to the liabilities that may affect the official who caused the damage.

Article 112

1. The Council for the Evaluation of Laws and Public Policies is a legally autonomous body, with its own assets, of a technical nature, whose organization, functions and powers shall be determined by an institutional law.
2. The purpose of the Council shall be to evaluate laws and public policies on the basis of the objectives pursued by them.
3. The Council shall also prepare, with the frequency determined by law, a legislative and public policy evaluation plan with the collaboration of the President of the Republic and the National Congress. The plan, its methodology and conclusions shall be public and shall be made available to the President of the Republic, the National Congress and the corresponding institutions of State Administration.
4. In order to guarantee the quality and effectiveness of laws and public policies, the Council may propose to the President of the Republic, and to the corresponding institutions, the modification or repeal of legal and regulatory rules and the modification or cessation of such programs as it deems appropriate.
5. The management and senior administration of the Council shall be in charge of a Board of Directors. It shall consist of five members, appointed by the President of the Republic with the prior agreement of the Senate adopted by three-fifths of its members in office.

Article 113

1. For the purposes of the provisions of subsection (r) of Article 100, critical infrastructure includes all facilities, physical systems or essential services of public utility, as well as those whose impact causes serious damage to the health or supply of the population, to essential economic activity, to the environment or to the security of the country. This concept is understood as the infrastructure essential for the generation, transmission, transport, production, storage and distribution of basic services and inputs for the population, such as energy, gas, water or telecommunications; that relating to road, air, land, sea, port or rail connections, and that corresponding to services of public utility, such as health care or health care systems. A law shall regulate the obligations to which public bodies and private entities in charge of the country's critical infrastructure shall be subject, as well as the specific criteria for its identification.
2. Head of state decree power, Selection of active-duty commanders
   The President of the Republic, through a supreme decree, shall appoint a general officer of the Armed Forces who shall have command of the Armed Forces and of the Forces of Order and Public Security arranged for the protection of critical infrastructure in the areas specified in said act. The chiefs designated to command the forces shall be responsible for safeguarding public order in these areas, in accordance with the instructions established by the ministry in charge of public security in the supreme decree.
3. The exercise of this power shall not imply the suspension, restriction or limitation of the rights and guarantees enshrined in this Constitution or in international human rights treaties ratified by Chile and in force. Notwithstanding the foregoing, the effects may only be framed in the exercise of the powers to safeguard public order and shall emanate from the powers that the law grants to the forces to execute the measure, proceeding exclusively within the territorial limits regarding the protection of critical infrastructure that are established, subject to the procedures established in the laws in force and in the rules of the use of force that are established for the purpose of the performance of this duty.
4. Legislative oversight of the executive
   This measure shall be extended for a maximum period of ninety days, without prejudice to the fact that it may be extended for the same period with the agreement of the National Congress, as long as the serious or imminent danger that gave rise to its exercise persists. The President of the Republic shall inform the National Congress, at the end of each term, of the measures adopted and of the effects or consequences of the execution of this power.
5. The above-mentioned power may also be used for the protection of the country's border areas, in accordance with the instructions contained in the supreme decree issued by the President of the Republic.

Article 117

1. Law Enforcement and Public Safety are made up solely and exclusively of the Carabineros [Police] of Chile and the Investigations Police of Chile and report directly to the ministry in charge of Public Safety. They are designed to give effect to the law, guarantee and maintain public order and internal public security, cooperate in emergency situations and national disasters, in accordance with the provisions of the Constitution and laws.
2. They are professional, hierarchical, disciplined institutions that are inherently obedient and non-deliberative.
3. Personnel who make up Law Enforcement and Public Safety may not belong to political parties, trade union bodies, or institutions, organizations or groups whose principles or objectives are opposed to or incompatible with the provisions of the preceding clauses or with the functions entrusted to the Law Enforcement and Public Safety by the Constitution and the laws of the Republic. They shall also not be able to go on strike, bargain collectively and run for elected office.
4. The corresponding institutional laws shall establish the basic rules for the organization of Law Enforcement and Public Safety, their enlistment, their headquarters, command, succession of command, appointments, promotions and retirements, professional career, seniority, their provision and budgets.

Article 118

Article 119

1. The Carabineros [Police] of Chile, as an armed corps, is a technical and professional police institution, of a military nature, whose purpose is to guarantee and maintain public order and internal public security throughout the territory of the Republic, and to carry out the other functions entrusted to it by the Constitution and the law.
2. The Investigations Police of Chile is a professional, technical and scientific police institution. Its actions shall be aimed at the specialized investigation of all crimes, especially those complex and related to organized crime and cybercrimes; it must also control the entry and exit of persons into the national territory, supervise the stay of foreigners therein and carry out other functions entrusted to it by law.

Article 120

1. The Director General of the Carabineros [Police] of Chile shall be appointed by the President of the Republic from among the five most senior general officers who meet the qualifications determined by law; he or she shall hold office for four years and may not be appointed for another term.
2. The Director General of the Investigations Police of Chile shall be appointed by the President of the Republic from among the eight most senior police officers who meet the qualifications determined by law; he or she shall hold office for six years and may not be appointed for a further term.
3. The President of the Republic, by means of a well-founded supreme decree, may recall the General Director of the Carabineros [Police] of Chile and the Director General of the Investigations Police of Chile, as the case may be, before completing their respective terms.
4. The appointments, promotions and retirements of officers of the Carabineros [Police] of Chile and the Investigations Police of Chile shall be made by supreme decree, in accordance with institutional law.

Article 121

1. The Gendarmerie of Chile is a public service whose purpose is to assist, monitor and contribute to the social reintegration of persons who, by resolution of the competent authorities, are arrested or deprived of their liberty, to ensure the internal security of the country's penal establishments and to perform the other functions assigned to it by law.
2. It shall depend on the ministry that establishes the institutional law.

Article 122

1. The State has a non-delegable monopoly on the use of force, which shall be exercised through Law Enforcement and Public Safety, in accordance with this Constitution and the laws. The foregoing is without prejudice to the functions that correspond to the Gendarmerie of Chile, in accordance with the law.
2. The law shall determine the framework for the use of force that may be used in the exercise of the functions of the institutions authorized by the law.
3. Right to bear arms
   No person, group or organization may possess or have weapons or other similar items specified by the law of qualified quorum without authorization granted in accordance with the law. This law shall determine the ministry or the organs under its supervision which shall exercise the supervision and control of weapons. It shall also establish the public bodies responsible for monitoring compliance with the rules relating to such control.

Article 123

Article 124

Article 125

Article 131

1. Claim of universal suffrage
   The governance and administration of each region is vested in the regional government, consisting of the regional governor and the Regional Council, the number of members of which shall be established by law. These authorities shall be elected in the region by universal suffrage, in accordance with the Constitution and the electoral law.
2. The regional government is a legal entity under public law and with its own assets, whose purpose is the economic, social and cultural development of the region, and it has the administrative and financial autonomy determined by law for the exercise of its powers.

Article 132

1. The functions of regional governments include the promotion of development, investments and connectivity in their respective regions, the provision of public services under their jurisdiction, the orientation of the territorial development of the region, the promotion of participation and productive activities, tourism, infrastructure, housing and others determined by the Constitution and institutional law.
2. Municipal government
   In order to fulfill their function, regional governments have regulatory, financial, supervisory, coordination and complementary powers with municipal actions.
3. The law may provide for the establishment of an advisory council to collaborate with the regional government for the development of a strategic planning tool and, to this end, to prepare an annual technical report on the state of the region's economy and its potential. Said law shall regulate its organization, operation and other matters pertaining to this council.

Article 133

1. Institutional law may authorize regional governments and public enterprises to associate with natural or legal persons in order to promote non-profit activities and initiatives that contribute to regional development. The entities that are constituted for this purpose shall be subject to the common rules applicable to individuals and to the laws that ensure transparency, probity and the proper use of public resources.
2. Regional governments, in order to fulfill their functions, may establish the organs or units that the respective institutional law allows. This power shall be exercised within the limits and requirements that, at the exclusive initiative of the President of the Republic, are determined by the institutional law on regional governments.
3. Regional governments are overseen by their own internal control bodies and by the bodies that have such powers mandated by the Constitution and the laws, and are subject to the control and supervision of the Office of the Comptroller General of the Republic in accordance with the law. The internal control bodies of regional governments and municipalities shall be subject to the criteria for action determined by the Office of the Comptroller General of the Republic.

Article 134

1. The regional governor shall be the executive body of the regional government, and shall preside over the Regional Council and exercise the functions and powers determined by institutional law, in coordination with the other public bodies and services created for the performance of the administrative function. It shall also be responsible for coordinating, supervising and auditing public services that depend on or are related to the regional government.
2. Claim of universal suffrage
   The regional governor shall be elected by universal suffrage by direct vote. The person who obtains the majority of the votes validly cast shall be elected, provided that such majority is equivalent to at least forty per cent of the votes validly cast, in accordance with the provisions of the electoral law. Otherwise, a second ballot shall be held which shall be limited to the candidates who have obtained the two highest relative majorities, and the candidate who obtains the highest number of votes, as determined by the respective electoral law, shall be elected.
3. For the purposes of the provisions of the two preceding clauses, blank and invalid votes shall be considered as not cast. The governor shall hold office for a term of four years.

Article 135

1. The Regional Council shall be a collegiate body of a normative, representative, decision-making and supervisory nature, whose functions and powers shall be determined by the Constitution and institutional law.
2. The Regional Council shall be responsible for supervising the exercise of the powers of the regional government, in accordance with the powers determined by institutional law.
3. It shall be the responsibility of the Regional Council to approve the draft budget of the respective region, in accordance with the resources allocated to it in the Budget Law, its own resources and those from other sources of income in accordance with the Constitution.
4. The Regional Council shall be composed of councilors elected by universal suffrage in direct vote, who shall hold office for four years in accordance with the respective electoral law.
5. First chamber reserved policy areas, Second chamber reserved policy areas
   Members representing the constituencies and districts of the respective region may attend the sessions of the Regional Council and take part in its debates, without the right to vote.
6. Second chamber reserved policy areas
   Annually, the Regional Council shall receive the senators of the region to report on the processing of laws of regional interest. The institutional law shall establish mechanisms for coordination and permanent information between the regional government and the senators of the region.

Article 136

1. The government and local administration of each commune or group of communes determined by law resides in a municipality, also called local government, which shall consist of the mayor and the municipal council.
2. Municipalities are autonomous corporations of public law, with legal personhood and their own assets, they have autonomy in the exercise of their powers and their purpose is to meet the needs of the local community, and to ensure its participation in the economic, social and cultural development of the commune.

Article 137

1. Municipalities have, in order to carry out their functions, regulatory, financial and auditing powers; and powers of coordination and complementarity with the actions of the regional and national government.
2. Among their functions, municipalities shall exercise the provision of public services under their supervision and territorial planning, in harmony with national and regional development policies and plans, and others determined by the Constitution and the law.
3. Municipalities, in order to carry out their functions, may create or eliminate jobs and fix salaries, as well as establish the bodies or units permitted by the respective institutional law. These powers shall be exercised within the limits and requirements that, at the exclusive initiative of the President of the Republic, are determined by the institutional law on municipalities.
4. Local governments are audited by their own internal control bodies and by the bodies that have such powers mandated by the Constitution and the laws. In addition, they are subject to the control and supervision of the Office of the Comptroller General of the Republic in accordance with the law.
5. Reference to art
   Municipalities may associate with each other in accordance with the respective institutional law, and such associations may enjoy legal personhood under private law. Furthermore, they may establish or integrate non-profit corporations or foundations under private 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 these activities shall be governed by its institutional law. The entities that are constituted for this purpose shall also be subject to the laws that ensure transparency, probity, the proper use of public resources and the control of the Office of the Comptroller General of the Republic.
6. Local governments may establish, in accordance with the respective institutional law, territories known as neighborhood units within the communes or groupings of communes, in order to promote sustainable, balanced development and an adequate channeling of citizen participation.

Article 138

1. The mayor is the highest authority and executive organ of the local government. He or she is responsible for presiding over the Municipal Council and exercising the functions and powers determined by institutional law.
2. Claim of universal suffrage
   Mayors shall be elected by universal suffrage by direct vote, in accordance with the rules established in the Constitution and the respective electoral law. They shall hold office for a term of four years.
3. Mayors, in the cases and forms determined by institutional law, may appoint delegates for the exercise of their powers in one or more localities.

Article 139

1. The Municipal Council is a collegiate body of a normative, decision-making and supervisory nature, whose functions are to collaborate in the government and administration of the commune, to supervise municipal management, to make effective the participation of the local community and those entrusted to it by the Constitution and the laws.
2. Institutional law shall determine the matters of mandatory consultation by the mayor to the council and those in which the agreement of the council shall necessarily be required. In any case, such agreement shall be necessary for the approval of the communal development plan, the municipal budget and the investment projects of the commune.
3. Institutional law must establish mechanisms that ensure adequate autonomy for the Municipal Council in the exercise of its role of oversight of municipal management and the work of the mayor.

Article 140

1. Claim of universal suffrage
   The Municipal Council shall be composed of councilors elected by universal suffrage in direct vote, in accordance with the rules established in the Constitution and the electoral law. Its members shall serve for four years.
2. Institutional law shall establish the rules on the organization and operation of the Municipal Council, the number of councilors who shall comprise it, and the causes of inability, incompatibility, replacement, cessation and vacancy of the position of councilor.

Article 141

1. Special territories are those corresponding to Rapa Nui and the Juan Fernández Archipelago. The government and administration of these territories shall be governed by the special bylaws established by the respective institutional laws.
2. The rights to reside, remain, and move to and from any place in the Republic, guaranteed in this Constitution, shall be exercised in said special territories in the manner determined by the laws regulating their exercise.

Article 142

Article 143

Article 144

1. There shall be natural and immediate representatives of the President of the Republic in the various regions and provinces, within the territory of his or her jurisdiction, who shall be appointed and removed by him or her and shall exercise their functions in accordance with the laws and the orders and instructions of the President of the Republic in the region and province, respectively. The representative of the President of the Republic in the region shall coordinate, supervise and audit the public bodies created by law for the performance of administrative functions that depend on or are related to the President of the Republic through a ministry. The powers of these representatives shall be determined by an institutional law. 
2. Notwithstanding the foregoing, the law may establish other forms of functional or territorial deconcentration.

Article 145

1. Reference to fraternity/solidarity, General guarantee of equality
   The State promotes connectivity and harmonious, equitable and supportive development among Chile's regions and communes. To this end, measures must be adopted to reduce the economic and social imbalances that exist between them, ensuring that all individuals and communities have access to the same level and quality of public services, especially public infrastructure, regardless of where they live.
2. There shall be mechanisms, instruments and funds to ensure inter-territorial economic compensation in fiscal transfers to regional and local governments. The law shall include, but is not limited to, the following mechanisms:
   1. Basal funding for regional, municipal and special territories. To this end, the existence of strategic territories for the development of the country must be considered.
   2. Solidarity based on territorial equity.
   3. Compensation for negative externalities, intended for regions and communes that suffer environmental or social consequences as a result of the development of certain activities.

Article 146

Article 147

1. Any creation, expansion or transfer of powers to regional and local governments must include technical assistance, personnel and sufficient and timely financing for their proper exercise, avoiding duplication of functions and bearing in mind the principle of fiscal responsibility.
2. Spending bills, General guarantee of equality
   Transfers and allocations of resources shall be made on the basis of objective and predefined criteria. However, the law may establish special transfers for reasons of isolation or emergency, which in no case may establish discrimination or arbitrary differences between the different regions and communes of the country.

Article 148

1. Regional and local governments may borrow loans in accordance with Article 78. The borrowing must be authorized by virtue of a law of qualified quorum, which must also establish the requirements, restrictions and limits for such contracting.
2. The law of qualified quorum authorizing the contracting of loans must consider at least the following elements:
   1. Mechanisms to ensure that the debt is fully and duly serviced by the debtor.
   2. Maximum debt limits as a percentage of the annual budget of the respective region or commune.
   3. The obligation to maintain an up-to-date risk classification.
3. Under no circumstances may regional and local governments:
   1. Contract loans during election periods.
   2. Finance current expenditures using loan funds.
   3. Establish guarantees or sureties from the Treasury for such loans.

Article 149

Article 150

1. The regulatory power of regional and local governments shall always be of infralegal rank, and its application shall be in the respective territory, within the scope of their competences.
2. The regional governments may issue such regulations as they deem appropriate for the proper execution of their powers, subject to the provisions of Article 100 (l).

Article 151

Article 152

1. To be elected regional governor, regional councilor, mayor or local councilor and to be appointed representative of the President of the Republic in the region or province, it shall be necessary to be a citizen with the right to vote, to meet the other appropriate requirements indicated by the electoral law, in the first cases, and institutional requirements with respect to the representatives of the President of the Republic in the region or province, and reside in the region for at least the last two years preceding their appointment or election.
2. No regional governor or representative of the President of the Republic in the regions or provinces, as the case may be, may be accused or deprived of his or her liberty, except in the case of being caught in the act of committing a crime, if the Court of Appeal of the respective jurisdiction, in full, does not previously authorize the accusation by declaring that there are grounds for prosecution. This decision may be appealed to the Supreme Court.
3. If a regional governor or a representative of the President of the Republic in the region or province is arrested for having been caught in the act of committing a crime, he or she shall be immediately placed at the disposal of the respective Court of Appeals, with the corresponding summary information. The Court shall then proceed in accordance with the provisions of the preceding clause.
4. From the moment it is declared, by a final resolution, that there are grounds for prosecution, the regional governor or the representative of the President of the Republic of the region or province, as the case may be, shall be suspended from office and subject to the competent judge.

Article 153

1. The respective institutional laws shall establish the grounds for inability, incompatibility, cessation, replacement and vacancy in the positions of regional governor, mayor, regional councilor and municipal councilor.
2. Notwithstanding the foregoing, the aforementioned authorities who have seriously infringed the rules on transparency, limits and control of electoral expenditure shall cease to hold office from the date so declared by the Election Certification Court by a final judgment, at the request of the Board of Directors of the Electoral Service. An electoral law shall identify cases where there is a serious offense.
3. Additionally, whoever loses the position of regional governor, mayor, regional councilor or municipal councilor, in accordance with the provisions of the preceding clause, may not opt for any public function or employment for a period of three years, nor may he be a candidate for popularly elected office in the two electoral acts immediately following his or her cessation.

Article 154

1. Regional governors may only be re-elected to their posts successively once. Regional councilors may be successively re-elected to office up to two times. In the case of mayors and municipal councilors, they may be successively re-elected to their positions up to two times in each commune.
2. In no case shall having held the position in a non-consecutive manner be counted as successive periods for the purposes of the application of this rule.
3. For the purpose of determining the limit on the re-election of regional governors, regional councilors, mayors and municipal councilors, they shall be deemed to have held office for a term when they have completed more than half of their term of office.