The present Text is an Agreement of the Deputies Chamber on
the Serious Breaking of the Constitutional and Legal Order Of
The Republic
(Power Translator)
"Santiago, 23 of August of 1973
TO ++S.E. THE PRESIDENT OF THE REPUBLIC.
I have to honor brief of ++V.E., that the Deputies Chamber has had to
well to lend their/its/your/his approval to the following
AGREEMENT:
Considering:
1º That it is essential condition for the existence of a Law State that the powers
Public, with full respect at the beginning of reciprocal independence that governs them, straddle their/its/your/his
action and exercise their/its attributions within the frameworks that the constitution and the law you/them indicate,
and that all the inhabitants of the country could enjoy the guarantees and fundamental rights
that you/them assures the political Constitution of the State;
2º That the @@juricidad of the Chilean State is patrimony of the people that in the course of the years there is
gone forming in her the fundamental consensus for their/its/your/his living together and to attempt against her is,
since, to destroy not only the cultural and moral patrimony of our nation but to deny, in the
practical, all possibility of democratic life;
3º That they are these values and principle those which are expressed in the Political Constitution of the State
that, according to their/its/your/his article 2º, indicates that the sovereignty resides substantially in the nation and
that the authorities can not exercise more powers than those which this you/them delegate and, in the
I articulate 3º, it is deduced that a Government that is claimed rights that the peoples not to him/her/you there is
delegate, incurs in sedition;
4º That the current President of the Republic was elected by the previous Full Congress agreement
in connection with a democratic guarantees statute incorporated to the Political Constitution, the one which
had as accurate object to assure the submission of the action of their/its/your/his Government to the principles
and procedures of the Law State, that he solemnly was committed to observe;
5º That it is caused that an the current Government of the Republic, from their/its beginnings, it has been gone
pawning in conquering the total power, with the evident purpose of submitting to all the
persons to the stricter political and economic control on the part of State and to achieve of that
manner the setting-up of a totalitarian system, absolutely opposed to the democratic system
representative, that the Constitution establishes;
6º That, to achieve that end, the Government has not incurred in isolated violations of the
Constitution and of the law, but it has made of they a permanent conduct system,
arriving to the extremes of doing not know and trampleing systematically the attributions of the
other Powers of the State, violating customarily the guarantees that the Constitution assures to
all the inhabitants of the Republic, and permitting and sheltering the creation of powers
parallel, illegitimate, that they constitute a @@gravísimo danger for the nation, with all of which there is
destroyed essential elements of the @@institucionalidad and of the Law State.
7º That, in what is concerning to the attributions of the National Congress, depository of the Power
Legislative, the Government has incurred in the following violations:
to) Has usurped to the Congress their/its/your/his principal function, that it is that of to legislate, upon adopting a series of
measures of great importance for the economic and social life of the country, that they are
unquestionably matter of law, by insistence decrees dictated @@abusivamente or by
simple founded administrative resolutions in " legal chinks", being of noting that all
they has been made with the deliberate purpose and @@confeso of changing the structures of the country,
recognized by the outstanding legislation, by the alone will of the Executive and with @@prescindencia
absolute of the will of the legislating;
b) Has Mocked permanently the functions @@fiscalizadoras of the National Congress upon depriving
of all real effect to the attribution that to this competes to him/her/you to dismiss to the Ministers of
State that violate the Constitution or the law or commit other offenses or abuses indicated in the
Fundamental Letter, and
c) finally, what has the most extraordinary gravity, it has made " level table" of the high
function that the Congress has as Constituent ++poder, to be denied to promulgate the reform
constitutional on the three areas of the economy, that it has been approved with strict subordination to
the procedures that for that effect establishes the Fundamental Letter;
8º That, in what concerns to the Judicial ++poder, it has incurred in the following misbehaviors:
to) in order to sap the authority of the magistracy and of bending their/its/your/his independence,
it has captained an infamous damages and calumnies campaign against the ++Excma. Court
Supreme and it has sheltered serious violations in fact against the persons and attributions of the
judges;
b) Has mocked the action of the justice in the cases of criminals that belong to parties and
related or integrating groups to the Government, either through the abusive exercise of the pardon, or
through the deliberate nonfulfillment of the detention orders;
c) Has violated laws you express and it has made " level table" of the separation principle of the
Powers, letting without application the judgments or judicial resolutions you contradict to their/its
purposes and, as compared to the accusations that in this regard it has formulated the ++Excma. Supreme Court, the
President of the Republic has arrived to the astounding extreme of be claimed in thesis the right to
to make a " merits judgement" to the judicial failures, determining when these should be
compliments;
9º That with respect to the General Controllership of the Republic @@–un autonomous organization
essential for the maintenance of the @@juricidad administrative - the Government has violated
systematically the @@dictámenes and performances intended for to represent the illegality of the
acts of the Executive or of dependent entities of he;
10º That between the constant violations of the Government to the guarantees and fundamental rights
established in the Constitution, they can be emphasized the following:
to) Has violated the equality principle before the law, through denominational and odious discriminations
in the protection that the authority must lend to the persons, the rights and the goods of
all the inhabitants of the Republic, in the exercise of the powers that say relationship to the
nourishment and subsistence and in numerous other aspects, being of noting that the own
President of the Republic has erected these discriminations in fundamental norm of their/its/your/his
Government, upon proclaiming from the principle that he is not considered President of all the
Chilean;
b) There has attempt gravely against the expression freedom, exercising all kinds of pressures
economic against the diffusion organs that they are not unconditional adept of the Government;
closing illegally daily and radios; imposing to these last "chains" illegal;
incarcerating @@inconstitucionalme to opposition journalists; appealing to crafty maneuvers
to acquire the monopoly of the paper of printed, and violating openly the arrangements
legal to the fact that it must be held the National Television Channel, upon delivering it to the address
superior of an official that it has not been appointed with agreement of the Senate, as demands it the
law, and upon converting it into denominational propaganda instrument and of defamation of the adversaries
political;
c) Has violated the university autonomy principle and the right that the Constitution recognizes
to the Universities to establish and maintain television stations, upon sheltering the
usurpation of the Channel 9 of the University of Chile, upon attempting by the violence and the detentions
illegal against the new Channel 6 of that university, and upon blocking the extension to provinces
of the Channel of the Catholic University of Chile;
d) Has hindered, prevented and, sometimes, it repressed with violence the exercise ++del right to
meeting on the part of the citizens that they are not addicted to the regime, while it has permitted
constantly that groups often armed, is @@reúnan without subordination to the bylaws
relevant and are empowered of streets and trucks to intimidate to the population;
and) There has attempt against the teaching freedom, putting on application on illegal form and
surreptitious, through call I Decree of Democratization of the Teaching, a plan
educational that it pursues as purpose the @@concientización Marxist;
f) Has violated systematically the constitutional guarantee ++del right to property, upon permitting
and to shelter more than 1.500 "you take" illegal of agricultural properties, and upon promoting hundreds of
"you take" of industrial and commercial establishments for then to requisition them or to intervene them
illegally and to build thus, by the route of the spoliation, the state area of the economy; system that
it has been one of the determinant causes of the unusual decrease of the production, of the
@@desabastecimiento, the black market and the asphyxiating increase of the cost of the life, of the ruin of the
national exchequer and, as a rule, of the economic crisis that flogs to the country and that threatens the
minimal welfare of households and commits gravely the national safety;
g) Has incurred in frequent illegal detentions by political motives, in addition to the already
indicated with respect to the journalists, and it has tolerated that the victims will be submitted in
many cases to flagellations and tortures;
h) Has done not know the rights of the workers and of their/its union organizations or
union, submitting it, as in the case of The Lieutenant or of the transporters, to means
illegal of repression;
i) Has broken commitments contracted to make justice with working wrongfully
pursued as those of to Add, ++Helvetia, Central Bank, The Lieutenant and ++Chuquicamata; There is
followed an arbitrational political by duty by the state estates to the peasants,
infringing specifically the law of Agrarian Reform; it has denied the real participation of the
working according to the Constitutional Reform that you/them recognizes said right; there is
impelled the end of the union freedom through the political parallelism in the organizations of
the workers;
j) Has violated gravely the constitutional guarantee that permits to leave of the country, establishing
for this requirements that no law envisages.
11º That it contributes powerfully to the bankruptcy of the Law State, the training and
maintenance, under the stimulus and the protection of the government, of a series of organizations that
they are seditious because exercise an authority that neither the Constitution nor the law you/them grant, with
violation manifesto of disposed what is in the article 10, ++Nº 16 of the fundamental letter, as by
example, the Communal Commands, the Peasant Councils, the Alertness Committees, the
++JAP, etc.; destined all to create the evil called " Popular ++poder", whose end is to substitute to the
Rightfully constituted powers and to serve as base to the dictatorship @@totalitaria, facts that they have
been publicly they recognized by the President of the Republic in their/its/your/his last Message
Presidential and all over the theoreticians and media @@oficialistas.
12º That in the bankruptcy of the Law State special has gravity the training and development,
under the protection of the Government, of armed groups that, in addition to attempting against the safety
of the persons and their/its rights and against the internal peace of the Nation, they are intended for
it be faced against the armed forces; as also special has the one which gravity is
prevents to the Carabineers Body to exercise their/its most important functions as compared to the @@asonadas
delinquent perpetrated by groups @@violentistas affected to the Government. They can not be silenced, by
their/its/your/his lack of gravity, the public and notorious attempts of using to the armed forces and to the
Carabineers body with factional end, to break their/its/your/his institutional hierarchy and to infiltrate
politically their/its tables.
13º That to be constituted the current Ministry, with participation of high members of the Forces
Navies and of the Carabineers Body, the ++Excmo. President Sir of the Republic it
designated "of national safety" and indicated to him/her/you as fundamental tasks those of "to impose the
political order" and "to impose the economic order", what only it is conceivable on the base of the
full reestablishment and force of the constitutional and legal procedures that configure the
institutional order of the Republic.
14º That the armed forces and the carabineers Body are and they should be, by own
nature, guarantee for all the Chileans and not only for a sector of the Nation or for a
political combination. Consequently, their/its/your/his presence in the Government can not be lent for
that they cover with their/its/your/his given collateral factional and minority policy, but it must
it be routed to re-establish the full empire conditions of the Constitution and the laws and of
indispensable democratic living together to guarantee to Chile their/its/your/his institutional stability, peace
civil, safety and development.
15º Finally, in the exercise of the attributions that confers to him/her/you the article 39 of the
Political Constitution of the State.
THE DEPUTIES CHAMBER AGREES:
FIRST. To represent to ++S.E. the President of the Republic and to the Minister sirs of
State members of the armed forces and of the Carabineers Body, the serious
breaking of the institutional and legal order of the Republic that involve the facts and
circumstances referred in the @@considerandos ++Nºs 5º to 12 preceding;
SECOND. To represent @+you/them, also that, in reason of their/its oath functions of
loyalty to the Constitution and to the laws that they have lent and, in the case of said sirs
Ministers, of the nature of the those which institutions are high members and whose name
it has been invoked to incorporate them into Ministry, you/them corresponds to put immediate term to
all the in fact referred situations, that violate the Constitution and the laws, in order to
to channel the governmental action by the process of the Law and to assure the constitutional order of
our country and the essential bases of democratic living together between the Chileans;
THIRD. To declare that, if such be @@hiciere, the said sirs presence Ministers in the
government would import a valuable service to the republic. In otherwise, they would commit
gravely the professional and national character of the armed forces and of the Body of
Carabineers, with opened breach to disposed what is in the article 22 of the Political Constitution and
with serious deterioration of their/its/your/his institutional prestige, and
FOURTH. To transmit this agreement to ++S.E. the President of the Republic and to the sirs
Estate ministers, National Defense, public works and Transportation and Earth and
Settling."
God keep to ++V.E.
Luis ++Pareto ++Gonzáles (President)
Martial Martial ++Raúl (Secretary) "
(Power Translator)
This Page Hosted by
Get your Own Free HomePage