Government
Until recently, the National Congress of Chile was located in downtown Santiago and took place in the building shown here at the left. The old congressional building is now a national museum. In 1988, the location was officially changed to Valparaíso, and a newer, more modern building was constructed. This new building is much more secure than the previous, and has three different grand meeting halls. The "Diputados", or Deputies meet in one hall, and the "Senadores", or Senators meet in another. The third hall is reserved for joint sessions and very special ceremonies.
The Chileans I spoke with had differing opinions as to the role of the national congress. Some felt that the congress would be a key player in the transition back to democracy from the goverment of Pinochet which began in 1973. Others felt that the congress was actually just another way to promote continuing military control. Most agreed that from 1973-1988, the ambitions of Pinochet and his style of governance had not changed. Laws passed between 1980 and 1988 were drawn up by the four-member junta, justice seemed to be partial.
During the first portion of the Pinochet regime, order was kept according to the "Ley de Seguridad del Estado", or Law of State Security. Political parties were apparently prohibited, and there were strong sanctions against those terrorists opposed the military government. From some of the stories I heard, the result was great violence between those who expressed contrary ideas. It was in this climate that the most recent constitution, that of 1980, was formed. This constitution said that Pinochet would remain in power as government only until 1988, but was unclear about what his role would be beyond that point. Pinochet is scheduled to officially retire from the military in late 1997, but I was also told that upon retirement he is expected to assume one of the appointed seats in the Senate which is currently vacant.
Today, power is vested in the Deputies and Senators of the National Congress in Valparaíso, but just who has the real authority is a matter of speculation. There is also a National Security Council (appointed by Pinochet), a Supreme Court (appointed by Pinochet for life), and a seven-member Constitutional Tribunal which is responsible for interpreting the constitution and laws. These seven members are appointed as follows:
The 120 Deputies in congress are all entirely elected by popular vote in their individual territories. These 60 voting territories are divided by geography rather than by population. Each Deputy is elected for a term of four years.
Of the 46 Senators, however, only 38 are elected by popular vote. The remaining eight are "appointed" as follows:
Proposed congressional changes to law are called projects. A project must either be initiated by members of congress though a motion, or by the Presidential message. The chamber in which the project begins is called the chamber of origin. The project first must pass through a commission within the chamber of origin, then be passed by a vote of the entire chamber. If passed, the project goes to the opposite chamber, known as the Chamber of Revision, where the same process is observed. If passed, the project goes to the President for approval. If not, it is sent back to the chamber of origin for approval of changes. If a project is rejected a second time, it is placed before a joint commission to work out the objections. If consensus is reached, the project is passed to the President. If not, the project is lost.
The President of the Republic also has the power to veto a project, and send it back to the chambers with requested changes. The chambers must then either make those changes requested by the President and pass the law, or override the presidential veto by a 2/3 vote in each chamber. If neither is possible, the project is lost.
Some projects submitted by the President are of an urgent nature, and these are subject to time limitations for discussion and passage. The levels of urgency and time limits are:
Interestingly, registering to vote in Chile is not required by law; however, if one does register, it is then mandatory to vote. If a registered voter fails to go to the polls, a 30,000 peso fine can be imposed.
Do the changes in recent years truly indicate a transition back to democracy in Chile? Perhaps. Given the appointed members of the Senate (making up nearly 25% of the chamber), combined with those conservative senators elected by popular vote, the positions supported by Pinochet have an obvious mathematical majority. Pinochet's influence is also evident in the selection of members of the Supreme Court, the Constitutional Tribunal, and the National Security Council. For some Chileans, this system of government represents a reasonable balance between adequate democratic participation and the interests of national security. Others, however, fear that the methods and composition of Congress, the Supreme Court, and the National Security Council is simply another extension of the power and continuing Goverment of Augusto Pinochet.
Attorneys are plentiful in Chile, and they include courtroom lawyers and "Notarias". Unlike Notaries in the United States, the roll of the Chilean Notaria is quite different. First, in order to be a Notaria, one must be an attorney. Notarias are actually small businesses responsible for bringing together and verifying all materials and evidence in court. Because of this great responsibility in determining what evidence is valid and what is not, Notaries are not allowed to also serve as court lawyers. The predominant Chilean belief is that this system of justice is efficient and fair because there is less chance of the court being deceived. Still, the number of courts is greatly insufficient, and many of the accused remain in custody for months awaiting trial.
For those people who do not have sufficient money to hire a lawyer, there are also "Legal Assistance Corporations" which provide free legal help to those who require it.
