Chile 2022 - [[ getTranslation('Draft of {timestamp}').replace('{timestamp}', '4 Jul 2022') ]]

Article 1

1. Chile is a social and democratic State based on the rule of law. It is plurinational, intercultural, regional and ecological.
2. Type of government envisioned, Human dignity
   It is constituted as a solidary republic. Its democracy is inclusive and equal. It recognizes as intrinsic and inalienable values the dignity, freedom, substantive equality of human beings and their indissoluble relationship with nature.
3. The protection and guarantee of individual and collective human rights are the foundation of the State and guide all its activity. It is the duty of the State to generate the necessary conditions and provide the goods and services to ensure the equal enjoyment of rights and the integration of people into political, economic, social and cultural life for their full development.

Article 2

1. Human dignity
   Sovereignty resides in the people of Chile, made up of various nations. It is exercised democratically, in a direct and representative manner, recognizing as a limit human rights as an attribute that derives from human dignity.
2. No individual or sector of the people can claim responsibility for its exercise.

Article 3

Article 4

Article 5

1. Chile recognizes the coexistence of diverse peoples and nations within the framework of the unity of the State.
2. Pre-existing indigenous peoples and nations are the Mapuche, Aymara, Rapanui, Lickanantay, Quechua, Colla, Diaguita, Chango, Kawésqar, Yagán, Selk'nam and others who can be recognized in the manner established by statute.
3. Right to self determination
   It is the duty of the State to respect, promote, protect and guarantee the exercise of self-determination, the collective and individual rights of which they are incumbents and their effective participation in the exercise and distribution of power, incorporating their political representation in organs of popular election at the communal, regional and national levels, as well as in the structure of the State, its organs and institutions.

Article 6

1. The State promotes a society where women, men, diversities and sexual and gender dissidents participate in conditions of substantive equality, recognizing that their effective representation is a principle and minimum condition for the full and substantive exercise of democracy and citizenship.
2. All the collegiate bodies of the State, the constitutionally autonomous, the superiors and directors of the Administration, as well as the boards of directors of State owned or semi-State owned companies, must have an equal composition that ensures that at least fifty percent of its members are women.
3. The State shall promote equal integration in its other institutions and in all public and private spaces and shall adopt measures for the representation of persons of diverse gender through the mechanisms established by the law.
4. The branches and organs of the State shall adopt the necessary measures to adapt and promote legislation, institutions, regulatory frameworks and the provision of services, in order to achieve gender equality and parity. They must mainstream the gender approach in their institutional design, fiscal and budgetary policy and in the exercise of their functions.

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

1. The State is multilingual. Its official language is Spanish. Indigenous languages are official in their territories and in areas of high population density of each indigenous people and nation. The State promotes their knowledge, revitalization, appreciation and respect.
2. Chilean sign language is recognized as a natural and official language of deaf people, as well as their linguistic rights in all areas of social life.

Article 13

1. National flag, National anthem
   The national emblems of Chile are the flag, the coat of arms and the national anthem.
2. Right to culture
   The State recognizes the symbols and emblems of indigenous peoples and nations.

Article 14

1. Reference to fraternity/solidarity, Right to self determination
   Chile's international relations, as an expression of its sovereignty, are based on respect for international law and the principles of self-determination of peoples, non- intervention in matters that are within the internal jurisdiction of States, multilateralism, solidarity, cooperation, political autonomy and legal equality among States.
2. Likewise, it is committed to the promotion and respect of democracy, the recognition and protection of human rights, inclusion, gender equality , social justice, respect for nature, peace, coexistence and the peaceful solution of conflicts and the recognition, respect and promotion of the rights of indigenous and tribal peoples and nations in accordance with international human rights law.
3. Regional group(s)
   Chile declares Latin America and the Caribbean as a priority area in its international relations. It is committed to maintaining the region as a zone of peace and free of violence; it promotes regional, political, social, cultural, economic and productive integration among States, and facilitates cross-border contact and cooperation among indigenous peoples.

Article 15

1. International law, Customary international law
   The rights and obligations set out in the international human rights treaties ratified and in force in Chile, the general principles of international human rights law and customary international law of the same matter form an integral part of this Constitution and enjoy constitutional status.
2. The State must prevent, investigate, punish and make full reparation for human rights violations.

Article 16

1. Binding effect of const rights
   The State is founded on the principle of constitutional supremacy and respect for human rights. The provisions of this Constitution bind every person, group, authority or institution.
2. The organs of the State and their holders and members act after regular investiture and submit their actions to the Constitution and the norms dictated in accordance with it, within the limits and powers established by them.
3. No judiciary, person or group of persons, civilian or military, may be attributed any authority, power or rights other than those expressly granted upon them by virtue of the Constitution and the laws, even on the pretext of extraordinary circumstances.
4. Any act in contravention of this article is null and void and will give rise to the responsibilities and sanctions that the law indicates. The action for annulment shall be exercised within the periods and conditions established by this Constitution and the law.

Article 17

1. Fundamental rights are inherent in the human person, universal, inalienable, indivisible and interdependent.
2. The full exercise of these rights is essential for the dignified life of individuals and peoples, democracy, peace and the balance of nature.

Article 18

1. Individuals are holders of fundamental rights. Rights may be exercised and enforced individually or collectively.
2. Indigenous peoples and nations are holders of collective fundamental rights.
3. Protection of environment
   Nature is the holder of the rights recognized in this Constitution that are applicable to it.

Article 19

1. The State must respect, promote, protect and guarantee the full exercise and satisfaction of fundamental rights, without discrimination, as well as adopt the necessary measures to eliminate all obstacles that hinder their realization.
2. For their protection, individuals enjoy effective, timely, relevant and universal guarantees.
3. Every person, institution, association or group shall respect fundamental rights, in accordance with the Constitution and the law.

Article 20

1. The State must take all necessary measures to progressively achieve the full satisfaction of fundamental rights. None of them may have a regressive character that unjustifiably diminishes, impairs or prevents their exercise.
2. The financing of State benefits linked to the exercise of fundamental rights will tend to progressivity.

Article 21

1. Everyone has the right to life and personal integrity. This includes physical, psychosocial, sexual and affective integrity.
2. Prohibition of capital punishment, Prohibition of torture, Prohibition of cruel treatment
   No person may be sentenced to death or executed, subjected to torture, or cruel, inhuman or degrading Article 17 treatment or punishment.

Article 22

Article 23

Article 24

1. Victims and the community have the right to clear out and knowledge of the truth regarding serious human rights violations, especially when they constitute crimes against humanity, war crimes, genocide or territorial dispossession.
2. Enforced disappearance, torture and other cruel, inhuman or degrading treatment or punishment, war crimes, crimes against humanity, genocide and the crime of aggression are imprescriptible and non-amnesty.
3. It is the obligations of the State to prevent, investigate, punish and prevent impunity. Such crimes must be investigated ex officio, with due diligence, seriousness, speed, independence and impartiality. The investigation of these facts shall not be subject to any impediment.
4. Victims of human rights violations have the right to full reparation. The State guarantees the right to memory and its relationship with the guarantees of non-repetition and the rights to truth, justice and integral reparation.
5. It is the duty of the State to preserve memory and guarantee access to archives and documents, in their different supports and contents. Memorial and memorial sites are subject to special protection and their preservation and sustainability are ensured.

Article 25

1. Prohibition of slavery
   Everyone has the right to equality, which includes substantive equality, equality before the law and non-discrimination. It is the duty of the State to ensure equal treatment and opportunities. In Chile there is no privileged person or group. Any form of slavery is prohibited.
2. The State guarantees all individuals substantive equality, as a guarantee of the recognition, enjoyment and exercise of fundamental rights, with full respect for diversity, social inclusion and integration.
3. Equality regardless of gender, Equality regardless of sexual orientation
   The State ensures gender equality for women, girls, diversities and sexual and gender dissidents, both in the public and private spheres.
4. Equality regardless of nationality, Equality regardless of age, Equality regardless of gender, Equality regardless of sexual orientation, Equality regardless of religion, Equality regardless of creed or belief, Equality regardless of race, Equality regardless of political party, Equality regardless of financial status, Equality for persons with disabilities, Equality regardless of social status, Equality regardless of parentage
   Any form of discrimination is prohibited, in particular when it is based on one or more grounds such as nationality or statelessness, age, sex, sexual characteristics, sexual or affective orientation, gender identity and expression, bodily diversity, religion or belief, race, membership of an indigenous or tribal people and nation, political or other opinions, social class, rurality, migratory or refugee status, disability, mental or physical health condition, marital status, filiation or social status, and any other that has the purpose or result of nullifying or impairing human dignity, the enjoyment and exercise of rights.
5. Provisions for wealth redistribution
   The State shall take all necessary measures, including reasonable accommodation, to correct and overcome the disadvantage or subjugation of a person or group. The law shall determine the measures for the prevention, prohibition, punishment and reparation of all forms of discrimination, in the public and private spheres, as well as the mechanisms to guarantee substantive equality. The State should give special consideration to cases in which more than one category, condition or motive converges in respect of one person.

Article 26

1. International law
   Children and adolescents are holders of the rights established in this Constitution and in the international human rights treaties ratified and in force in Chile.
2. The State has the priority duty to promote, respect and guarantee the rights of children and adolescents, safeguarding their best interests, their progressive autonomy, their integral development and their right to be heard and to participate and influence all matters that affect them, to the extent that corresponds to their level of development in family, community and social life.
3. Children and adolescents have the right to live in family and environmental conditions that allow the full and harmonious development of their personhood. The State must ensure that they are not separated from their families except as a temporary measure and last resort in the protection of their best interests, in which case a family foster care will be prioritized over residential and must adopt the measures that are necessary to ensure their well-being and safeguard the exercise of their rights.
4. They also have the right to protection from all forms of violence, ill-treatment, abuse, exploitation, harassment, and neglect. Eradication of violence against children is of the highest priority for the State and to this end it will design strategies and actions to address situations that imply an impairment of their personal integrity, whether the violence comes from families, the State or third parties.
5. The law shall establish a system of comprehensive protection of guarantees of the rights of children and adolescents, through which it shall establish specific responsibilities of the powers and organs of the State, their duty of intersectoral and coordinated work to ensure the prevention of violence against them and the promotion and effective protection of their rights. The State shall ensure through this 12 system that, in the event of a threat or violation of rights, there are mechanisms for their restitution, punishment and reparation.

Article 27

1. All women, girls, adolescent girls and people of sexual and gender diversity and dissent have the right to a life free of gender-based violence in all its manifestations, both in the public and private spheres whether it comes from individuals, institutions or officers of the State.
2. Provisions for wealth redistribution, Protection of victim's rights
   The State shall adopt the necessary measures to eradicate all types of gender-based violence and the socio-cultural patterns that enable it, acting with due diligence to prevent, investigate and punish it, as well as provide comprehensive care, protection and reparation to the victims, especially considering vulnerability situations of in which they may be found.

Article 28

1. International law
   Persons with disabilities are holders of the rights established in this Constitution and in the international human rights treaties ratified and in force in Chile.
2. Every person with a disability has the right to the enjoyment and exercise of his or her legal capacity, with support and safeguards, as appropriate; to universal accessibility; to social inclusion; to labor insertion; and to political, economic, social and cultural participation.
3. The law shall establish a national system through which policies and programs aimed at meeting their needs for work, education, housing, health and care shall be developed, coordinated and implemented. The law shall ensure that the development, implementation and monitoring of such policies and programs involve the active and binding participation of persons with disabilities and their representative organizations.
4. The law shall determine the means necessary to identify and remove physical, social, cultural, attitudinal, communication and other barriers to facilitate the exercise of their rights by persons with disabilities.
5. The State guarantees the linguistic rights and cultural identities of persons with disabilities, including the right to express themselves and communicate through their languages and access to alternative mechanisms, means and forms of communication. It also guarantees the linguistic autonomy of deaf people in all areas of life.

Article 29

Article 30

1. Any person subjected to any form of deprivation of liberty may not suffer limitations of rights other than those strictly necessary for the execution of the sentence.
2. The State must ensure dignified treatment with full respect for their human rights and those of their visits.
3. Right to health care
   Women and pregnant persons have the right, before, during and after childbirth, to 13 access the health services they require, breastfeeding and the direct and permanent link with their daughter or son, taking into account the best interests of children and adolescents.
4. Prohibition of torture, Prohibition of cruel treatment, Prohibition of slavery
   No person deprived of liberty may be subjected to torture or other cruel, inhuman or degrading treatment or forced labor. Likewise, she may not be subjected to isolation or incommunicado detention as a disciplinary sanction.

Article 31

1. Persons deprived of their liberty have the right to petition the prison’s authority and the court of execution of the sentence for the protection of their rights and to receive a timely response.
2. Likewise, they have the right to maintain personal, direct and periodic communication and contact with their support networks and always with the people in charge of their legal advice.

Article 32

1. Every person deprived of liberty has the right to social insertion and integration. It is the duty of the State to guarantee a penitentiary system geared towards this end.
2. The State shall create bodies which, with civil and technical personnel, shall guarantee the insertion and integration of persons deprived of liberty in penitentiary and post-penitentiary detention. The security and administration of these enclosures will be regulated by statute.

Article 33

1. International law
   Elder persons are holders of the rights established in this Constitution and in the international human rights treaties ratified and in force in Chile.
2. They also have the right to age with dignity; to obtain sufficient social security benefits for a dignified life; to accessibility to the physical, social, economic, cultural and digital environment; political and social participation; a life free from abuse on grounds of age; autonomy and independence and the full exercise of their legal capacity with the appropriate support and safeguards.

Article 34

Article 35

1. Everyone has the right to education. Education is a primary and inescapable duty of the State.
2. Reference to science
   Education is a process of lifelong learning and lifelong learning, indispensable for the exercise of other rights and for scientific and technological activity, economic and cultural of the country.
3. Its aims are the construction of the common good, social justice, respect for human rights and nature, ecological awareness, democratic coexistence among peoples, the prevention of violence and discrimination, as well as the acquisition of knowledge, critical thinking, creative capacity and the integral development of people, considering their cognitive, physical, social and emotional dimensions.
4. Reference to fraternity/solidarity
   Education is governed by the principles of cooperation, non-discrimination, inclusion, justice, participation, solidarity, interculturality, gender approach, pluralism and the other principles enshrined in this Constitution. It has a non-sexist character and is developed in a contextualized way, considering the territorial, cultural and linguistic relevance.
5. Education is oriented towards quality, understood as the fulfillment of its aims and principles.
6. The law shall establish the way in which these aims, and principles shall be materialized, under conditions of equity, in educational institutions and in educational processes.
7. Compulsory education
   Education is universally accessible at all levels and compulsory from basic level to secondary education inclusive.

Article 36

1. The National Education System is composed of pre-school, basic, middle and higher education establishments and institutions, created or recognized by the State. It is articulated under the principle of collaboration and has as its center the learning experience of the students.
2. The State carries out tasks of coordination, regulation, improvement and supervision of the System. The law shall determine the requirements for the official recognition of these establishments and institutions.
3. The establishments and institutions that make it up are subject to the common regime established by statute, are of a democratic nature, may not discriminate in their access, are governed by the purposes and principles of this right and are prohibited from all forms of profit.
4. Reference to art
   The National Education System promotes the diversity of artistic, ecological, cultural and philosophical knowledge that coexists in the country.
5. Right to self determination, Indigenous right to self governance
   The Constitution recognizes the autonomy of indigenous peoples and nations to develop their own establishments and institutions in accordance with their customs and culture, respecting the aims and principles of education, and within the frameworks of the National System of Education. Education established by statute.
6. State support for the disabled
   The State will provide additional opportunities and support to persons with disabilities and at risk of exclusion.
7. Free education
   Public education is the strategic axis of the National Education System; its expansion and strengthening is a primary duty of the State, for which it will articulate, manage and finance a Public Education System of a secular and free nature, composed of state establishments and institutions of all levels and educational modalities.
8. The State must finance this System in a permanent, direct, pertinent and sufficient way through basal contributions, in order to fully and equitably comply with the aims and principles of education.

Article 37

1. The Higher Education System shall consist of universities, professional institutes, technical training centers, academies created or recognized by the State and training schools for the police and the Armed Forces. These institutions will consider communal, regional and national needs. They are forbidden all forms of profit.
2. Right to academic freedom
   Higher education institutions have a mission to teach, produce and socialize knowledge. The Constitution protects academic freedom, research and the free discussion of the ideas of academics of universities created or recognized by the State.
3. The higher education institutions of the State are part of the Public Education System, and their financing will be subject to the provisions of this Constitution and must guarantee the full fulfillment of their functions of teaching, research and collaboration with society.
4. In each region there shall be at least one state university and one state higher level vocational technical training institution. These will relate in a coordinated and preferential manner with territorial entities and public services with a regional presence, according to local needs.
5. Access to higher education
   The State shall ensure access to higher education for all persons who meet the requirements established by statute. The entry, permanence and promotion of those who study in higher education will be governed by the principles of equity and inclusion, with particular attention to historically excluded groups and of special protection, prohibiting any type of discrimination.
6. Free education
   Higher education studies leading to initial academic degrees and degrees shall be free of charge in public and private institutions determined by law.

Article 38

Article 39

Article 40

Article 41

1. Freedom of education is guaranteed and it is the duty of the State to respect it.
2. This includes the freedom of mothers, fathers, minor guardians, tutors and legal caretakers to choose the type of education of the persons in their charge, respecting the best interests and the progressive autonomy of children and adolescents.
3. Right to academic freedom
   Teachers and educators are holders of academic freedom in the exercise of their functions, within the framework of the aims and principles of education.

Article 42

Article 43

1. The Constitution recognizes the fundamental role of teachers, values and encourages the contribution of educators, educators, education assistants and traditional educators.
2. As a whole, they are key agents for guaranteeing the right to education. The State guarantees the development of the pedagogical and educational work of those who work in establishments and institutions that receive public funds. This guarantee includes initial and continuing training, its exercise reflective and collaborative and pedagogical research, in coherence with the principles and purposes of education. It also protects stability in the exercise of their functions by ensuring optimal working conditions and safeguarding their professional autonomy.
3. Workers in pre-school, basic and secondary education who work in establishments that receive resources from the State shall enjoy the same rights as provided for by law.

Article 44

1. Everyone has the right to health and integral well-being, including their physical and mental dimensions.
2. Indigenous peoples and nations have the right to their own traditional medicines, to maintain their health practices and to conserve the natural components that sustain them.
3. The State must provide the necessary conditions to achieve the highest possible level of health, considering in all its decisions the impact of social and environmental determinants on the health of the population.
4. The State is exclusively responsible for the function of directing the health system, including the regulation, supervision and supervision of public and private institutions.
5. Reference to fraternity/solidarity
   The National Health System is universal, public and integrated. It is governed by the principles of equity, solidarity, interculturality, territorial relevance, de- concentration, effectiveness, quality, opportunity, gender focus, progressivity and non-discrimination.
6. It also recognizes, protects and integrates the practices and knowledge of indigenous peoples and nations, as well as those who impart them, in accordance with this Constitution and the law.
7. The National Health System may be composed of public and private providers. The law will determine the requirements and procedures for private providers to integrate into this System.
8. It is the duty of the State to ensure the strengthening and development of public health institutions.
9. The National Health System is financed through the general income of the nation. In addition, the law may establish mandatory contributions to employers, employers, and workers with the sole purpose of contributing jointly and severally to the financing of this system. The law shall determine the public body responsible for administering all the funds of this system.
10. The National Health System incorporates actions of promotion, prevention, diagnosis, treatment, habilitation, rehabilitation and inclusion. Primary care forms the basis of this system and the participation of communities in health policies and the conditions for their effective exercise is promoted.
11. The State will generate mental health policies and programs aimed at care and prevention with a community approach and will progressively increase their funding.

Article 45

1. Reference to fraternity/solidarity
   Everyone has the right to social security, based on the principles of universality, solidarity, integrality, unity, equality, sufficiency, participation, sustainability and opportunity.
2. State support for the elderly, State support for the unemployed, State support for the disabled
   The law shall establish a public social security system, which provides protection in case of illness, old age, disability, survival, maternity and paternity, unemployment, accidents at work and occupational diseases, and in other social contingencies of lack or decrease. of means of subsistence or capacity for work. In particular, it shall ensure the coverage of benefits for those engaged in domestic and care work.
3. The State defines social security policy. This will be financed by workers, employers and employers, through compulsory contributions and general income of the nation. The resources from which social security is financed may not be used for purposes other than the payment of benefits established by the system.
4. Trade union and employers' organizations have the right to participate in the management of the social security system, in the ways prescribed by statute.

Article 46

1. Right to work, Right to safe work environment, Right to rest and leisure, Right to choose occupation
   Everyone has the right to work and to his or her free choice. The State guarantees decent labor and its protection. This includes the right to fair working conditions, to health and safety at work, to rest, to the enjoyment of free time, to digital disconnection, to the guarantee of indemnity and to full respect for fundamental rights in the context of work.
2. Right to just remuneration
   Workers have the right to equitable, fair and sufficient remuneration to ensure their livelihood and that of their families. In addition, they are entitled to equal pay for work of equal value.
3. Any employment discrimination, arbitrary dismissal and any distinction that is not based on work skills or personal suitability is prohibited.
4. The State will generate public policies that make it possible to reconcile work, family and community life and care labor.
5. The State guarantees respect for the reproductive rights of workers, eliminating risks that affect reproductive health and safeguarding the rights of maternity and paternity.
6. Right to safe work environment
   In rural and agricultural areas, the State guarantees fair and dignified conditions in seasonal work, safeguarding the exercise of labor and social security rights.
7. The social function of labor is recognized. An autonomous body must supervise and ensure the effective protection of workers and trade union organizations.
8. All forms of job insecurity, as well as forced, humiliating or degrading labor, are prohibited.

Article 47

1. Workers in both the public and private sectors have the right to freedom of association. This includes the right to organize, collective bargaining and strike.
2. Trade union organizations are exclusive holders of the right to collective bargaining, as the sole representatives of workers before the employer (s).
3. The right to organize includes the power to set up trade union organizations which they deem appropriate, at any level, of a national and international character, to join and disaffiliate from them, to give themselves their own regulations, to set out their own aims and to achieve their activity without the intervention of third parties.
4. Trade union organizations enjoy legal personhood by the mere fact of registering their statutes in the manner set forth by law.
5. The right to collective bargaining is guaranteed. It is up to the workers to choose the level at which such negotiation will take place, including branch, sectoral and territorial negotiation. The only limitations on matters subject to negotiation shall be those concerning the inalienable minimums set by statute in favor of workers.
6. The Constitution guarantees the right to strike of workers and trade union organizations. Trade union organizations will decide the scope of interests that will be defended through it, which cannot be limited by law.
7. The law may not prohibit the strike. It may only limit it exceptionally in order to meet essential services whose paralysis may affect the life, health or safety of the population.
8. Those who are members of the Police and the Armed Forces may not unionize or exercise the right to strike.

Article 48

Article 49

1. The State recognizes that domestic and care work are socially necessary and indispensable for the sustainability of life and the development of society. They constitute an economic activity that contributes to national accounts and must be considered in the formulation and execution of public policies.
2. The State promotes social and gender co-responsibility and will implement mechanisms for the redistribution of domestic and care work, ensuring that they do not represent a disadvantage for those who exercise it.

Article 50

1. Everyone has the right to care. This includes the right to care, to be cared for and to care for oneself from birth to death. The State undertakes to provide the means to ensure that care is dignified and carried out under conditions of equality and co- responsibility.
2. The State guarantees this right through a Comprehensive System of Care, norms and public policies that promote personal autonomy and that incorporate human rights, gender and intersectional approaches. The System has a state, equal, solidary and universal character, with cultural relevance. Its financing will be progressive, sufficient and permanent.
3. This System will pay special attention to infants, children and adolescents, the elderly, people with disabilities, people in situations of dependency and people with serious or terminal illnesses. It will also ensure the protection of the rights of those who carry out care work.

Article 51

1. Everyone has the right to decent and adequate housing, which allows the free development of a personal, family and community life.
2. The State shall take the necessary measures to ensure its universal and timely enjoyment, including at least the habitability, sufficient space and equipment, domestic and community, for the production and reproduction of life, the availability of services, affordability, accessibility, appropriate location, security of tenure and cultural relevance of housing, in accordance with the law.
3. The State may participate in the design, construction, rehabilitation, conservation and innovation of housing. It will consider in particular in the design of housing policies people with low economic incomes or belonging to special protection groups.
4. The State guarantees the creation of shelter in cases of gender-based violence and other forms of violation of rights, as determined by statute.
5. The State guarantees the availability of the land necessary for the provision of decent and adequate housing. It administers an Integrated System of Public Lands with powers of prioritization of use, management and disposition of fiscal land for purposes of social interest, and acquisition of private land, in accordance with the law. It will also establish mechanisms to prevent speculation on land and housing that undermines the public interest, in accordance with the law.

Article 52

1. The right to the city and the territory is a collective right oriented to the common good and is based on the full exercise of human rights in the territory, on its democratic management and on the social and ecological function of property.
2. By virtue of this, everyone has the right to inhabit, produce, enjoy and participate in cities and human settlements free of violence and in conditions appropriate for a dignified life.
3. It is the duty of the State to order, plan and manage territories, cities and human settlements; as well as establishing rules for land use and transformation, in accordance with the general interest, territorial equity, sustainability and universal accessibility.
4. The State guarantees protection and equitable access to basic services, goods and public spaces; safe and sustainable mobility; connectivity and road safety. It also promotes socio-spatial integration and participates in the surplus value generated by its urban or regulatory action.
5. The State guarantees the participation of the community in the processes of territorial planning and housing policies. It also promotes and supports community habitat management.

Article 53

1. Right to live in safe and violence-free environments. It is the duty of the State to protect in an equitable manner the exercise of this right to all persons, through a policy of prevention of violence and crime that will consider especially the material, environmental, social and community strengthening of territories.
2. The actions of prevention, prosecution and punishment of crimes, as well as the social reintegration of convicted persons, will be developed by the public bodies that indicate this Constitution and the law, in a coordinated manner and with unrestricted respect for human rights.

Article 54

1. It is the duty of the State to ensure food sovereignty and security. To this end, it will promote the production, distribution and consumption of food that guarantees the right to healthy and adequate food, fair trade and ecologically responsible food systems.
2. Protection of environment
   The State promotes ecologically sustainable agricultural production.
3. It recognizes, encourages and supports peasant and indigenous agriculture, harvesting and artisanal fishing, as fundamental activities for food production.
4. In the same way, it promotes the culinary and gastronomic heritage of the country.

Article 55

Article 56

1. Everyone has the right to adequate, healthy, sufficient, nutritionally complete and culturally relevant food. This right includes the guarantee of special food for those who require it for health reasons.
2. The State continuously and permanently guarantees the availability of and access to food that satisfies this right, especially in geographically isolated areas.

Article 57

1. Everyone has a human right to adequate, healthy, acceptable, affordable and accessible water and sanitation. It is the duty of the State to guarantee this for current and future generations.
2. The State ensures that this right is satisfied by meeting the needs of individuals in their different contexts.

Article 58

Article 59

1. Everyone has the right to a vital minimum of affordable and safe energy.
2. The State guarantees equitable and non-discriminatory access to energy that allows people to meet their needs, ensuring the continuity of energy services.
3. It also regulates and promotes a distributed, decentralized and diversified energy matrix, based on renewable energies and with low environmental impact.
4. Energy infrastructure is of the public interest.
5. The State encourages and protects cooperative energy enterprises and self- consumption.

Article 60

1. Everyone has the right to sports, physical activity and bodily practices. The State guarantees its exercise in its different dimensions and disciplines, whether recreational, educational, competitive or high performance. To achieve these objectives, differentiated policies may be considered.
2. The State recognizes the social function of sport, as it allows collective participation, associativity, integration and social insertion, as well as the maintenance and improvement of health. The law will ensure the involvement of individuals and communities with the practice of sport. Children and adolescents shall enjoy the same guarantee in educational establishments. In the same way, it will guarantee the participation of the former in the direction of the different sports institutions.
3. The law shall regulate and establish the principles applicable to public or private institutions whose purpose is the management of professional sport as a social, cultural and economic activity, and must guarantee democracy and the binding participation of their organizations.

Article 61

1. Everyone is the holder of sexual and reproductive rights. These include, among others, the right to decide freely, autonomously and informed about one's own body, about the exercise of sexuality, reproduction, pleasure and contraception.
2. The State guarantees its exercise without discrimination, with a focus on gender, inclusion and cultural relevance; as well as access to information, education, health, and the services and benefits required for this, ensuring all women and people with the capacity to gestate the conditions for a pregnancy, a voluntary interruption of pregnancy, a voluntary and protected birth and maternity. It also guarantees its exercise free of violence and interference by third parties, whether individuals or institutions.
3. The law shall regulate the exercise of these rights.
4. Right to enjoy the benefits of science, Reference to science
   The State recognizes and guarantees the right of individuals to benefit from scientific progress in order to exercise these rights freely, autonomously and non- discriminatorily.

Article 62

Article 63

Article 64

1. Everyone has the right to the free development and full recognition of their identity, in all its dimensions and manifestations, including sexual characteristics, gender identities and expressions, name and sex-affective orientations.
2. The State guarantees its exercise through laws, affirmative actions and procedures.

Article 65

1. Indigenous peoples and nations and their members have the right to identity and cultural integrity and to the recognition and respect of their own worldviews, ways of life and institutions.
2. Forced assimilation and destruction of their cultures is prohibited.

Article 66

Article 67

1. Everyone has the right to freedom of thought, conscience, religion and worldview. This right includes the freedom to profess and change religion or belief and their free exercise in public or private space, through worship, the celebration of rites, spiritual practices and teaching.
2. It also includes the power to erect temples, outbuildings and places of worship; maintain, protect and access sacred places of spiritual relevance; and rescue and preserve objects of worship or that have a sacred meaning.
3. The State recognizes spirituality as an essential element of the human being.
4. Religious and spiritual groups may be organized as legal persons, are prohibited from all forms of profit and their property must be managed transparently in accordance with the law, respecting the rights, duties and principles set forth by this Constitution.

Article 68

1. Everyone has the right to a dignified death.
2. The Constitution ensures the right of people to make free and informed decisions about their care and treatment at the end of their lives.
3. The State guarantees access to palliative care to all persons with advanced, progressive and life-limiting chronic diseases, especially vulnerable groups and those at social risk.
4. The law shall regulate the conditions to guarantee the exercise of this right, including access to information and adequate accompaniment.

Article 69

Article 70

1. Everyone has the right to personal, family and community privacy. No person or authority may affect, restrict or impede its exercise, except in the cases and forms determined by law.
2. Private enclosures are inviolable. The entry, search or search may only be carried out with a prior court order, except in the cases of flagrant crime established by statute.
3. All documentation and private communication is inviolable, including its metadata. Interception, capture, opening, search or review may only be carried out with a prior court order.

Article 71

1. Everyone has the right to seek and receive asylum and refuge. A statute will regulate the procedure for applying for and recognizing refugee status, as well as the specific guarantees and protections that are established in favor of asylum seekers or refugees.
2. No asylum-seeker or refugee shall be forcibly returned to the State where they are at risk of persecution, serious human rights violations, or their life or liberty may be threatened.

Article 72

1. Everyone has the right to associate without prior permission.
2. This includes the protection of the autonomy of associations for the fulfillment of their specific purposes and the establishment of their internal regulation, organization and other defining elements.
3. In order to enjoy legal existence, associations must be formed in accordance with the law.
4. The law may impose specific restrictions on the exercise of this right in respect of the Police and the Armed Forces.

Article 73

1. The State recognizes the social, economic and productive function of cooperatives organizations and encourages their development, in accordance with the principle of mutual aid.
2. Cooperatives may be grouped into federations, confederations or other forms of organization. The law shall regulate its creation and operation, guaranteeing its autonomy, and shall preserve, through the corresponding instruments, its nature and purposes.

Article 74

Article 75

1. Everyone has the right to assemble and demonstrate peacefully in private and public places without prior permission.
2. Meetings in places of public access may only be restricted in accordance with the law.

Article 76

1. Everyone has the right to submit petitions, presentations or claims to any authority of the State.
2. The law shall regulate the time limits and the way in which the authority must respond to the request, in addition to the way in which the principle of multilingualism in the exercise of this right shall be guaranteed.

Article 77

Article 78

1. Every person, natural or legal, has the right to property in all its kind and over all kinds of property, except those which nature has made common to all persons and which the Constitution or the law declares non-appropriable.
2. It shall be for the law to determine the manner of acquiring property, its content, limits and duties, in accordance with its social and ecological function.
3. No person may be deprived of his property except by a statute authorizing expropriation for reasons of public utility or general interest declared by the legislator.
4. The owner is always entitled to compensation for the fair price of the expropriated property. The payment must be made prior to the material taking possession of the expropriated property and the expropriated person may always claim the legality of the expropriation act, as well as the amount and method of payment before the courts determined by statute.
5. Whatever the cause invoked to carry out the expropriation, it must always be duly founded.

Article 79

1. The State recognizes and guarantees, in accordance with the Constitution, the right of indigenous peoples and nations to their lands, territories and resources.
2. Ownership of indigenous lands enjoys special protection. The State shall establish effective legal instruments for its cadastre, regularization, demarcation, titling, reparation and restitution.
3. Restitution is a preferential mechanism for reparation, of public utility and general interest.
4. Ownership of natural resources
   In accordance with the Constitution and the law, indigenous peoples and nations have the right to use the resources that they have traditionally used or occupied, that are located in their territories and are indispensable to their collective existence.

Article 80

1. Every person, natural or legal, has the freedom to undertake and develop economic activities. Its exercise must be compatible with the rights enshrined in this Constitution and the protection of nature.
2. The content and limits of this right will be determined by the laws that regulate its exercise, which must promote the development of smaller companies and ensure the protection of consumers.

Article 81

1. Everyone has the right, in his capacity as a consumer or user, to free choice, to truthful information, not to be discriminated against, to safety, to the protection of his health and the environment, to adequate reparation and compensation and to education for responsible consumption.
2. The State shall protect the exercise of these rights through effective procedures and a body with interpretative, supervisory, sanctioning and other powers granted to it by law.

Article 82

1. Every person, natural or legal, has the right to freedom of expression and opinion, in any form and by any means, which includes the freedom to seek, receive and disseminate information and ideas of all kinds.
2. There will be no prior censorship, but only the subsequent responsibilities determined by law.

Article 83

1. Everyone has the right to produce information and to participate equitably in social communication. The right to found and maintain media and information is acknowledged.
2. The State shall respect freedom of the press and promote media pluralism and diversity of information.
3. Right to protect one's reputation
   Any person offended or unjustly referred to by a means of communication and information has the right to have his clarification or rectification disseminated free of charge by the same means in that had been issued. The law shall regulate the exercise of this right, with respect for freedom of expression.

Article 84

Article 85

1. There will be public means of communication and information, in different technological supports, that respond to the informational, educational, cultural and entertainment needs of the various groups of the population.
2. These media will be pluralistic, decentralized and coordinated with each other. They shall also enjoy independence from the Government and shall have public funding for their operation. The law shall regulate its organization and the composition of its directories, which shall be guided by technical and suitability criteria.

Article 86

1. Everyone has the right to universal access to digital connectivity and information and communication technologies.
2. The State guarantees free, equitable and decentralized access, with conditions of adequate and effective quality and speed, to basic communication services.
3. Telecommunications
   It is the duty of the State to promote and participate in the development of telecommunications, connectivity services and information and communication technologies. The law shall regulate the manner in which the State shall perform this duty.
4. The State has the obligation to overcome the gaps in access, use and participation in the digital space and in its devices and infrastructures.
5. The State guarantees compliance with the principle of net neutrality. The obligations, conditions and limits in this matter shall be determined by statute.
6. Telecommunications
   Telecommunications infrastructure is in the public interest, regardless of its property regime.
7. Radio
   It shall be for the law to determine the use and exploitation of the radio spectrum.

Article 87

1. Everyone has the right to informational self-determination and the protection of personal data. This right includes the power to know, to decide and control the use of the concerned data, to access, to be informed and oppose the treatment of them, and to obtain their rectification, cancellation and portability, notwithstanding other rights established by statute.
2. The processing of personal data may only be carried out in the cases established by statute, subject to the principles of legality, loyalty, quality, transparency, security, limitation of the purpose and minimization of data.

Article 88

Article 89

1. State support for children
   Everyone has the right to participate in a digital space free of violence. The State shall carry out actions to prevent, promote, repair and guarantee this right, granting special protection to women, girls, boys, adolescents and sexual and gender diversities and dissidents.
2. The obligations, conditions and limits in this matter shall be determined by statute.

Article 90

Article 91

Article 92

1. Every person and community have the right to participate freely in cultural and artistic life and to enjoy its various expressions, goods, services and institutions. It has the right to the freedom to create and disseminate cultures and the arts, as well as to enjoy their benefits.
2. It also has the right to cultural identity and to know and be educated in the various cultures.
3. Likewise, it has the right to use public spaces to develop cultural and artistic expressions and manifestations, without any limitations other than those established by statute.
4. The State promotes, encourages and guarantees the harmonious interrelation and respect for all symbolic, cultural and patrimonial expressions, whether material and immaterial, and the access, development and dissemination of cultures, arts and knowledge, taking into account cultural diversity in all its manifestations and contributions, under the principles of collaboration. and interculturality.
5. In addition, it must generate the instances for society to contribute to the development of cultural and artistic creativity, in its most diverse expressions.
6. The State promotes the conditions for the free development of the cultural identity of communities and individuals, as well as their cultural processes.

Article 93

Article 94

Article 95

1. The Constitution assures everyone of copyright protection in his or her intellectual, scientific and artistic works. These include the moral and economic rights over them, in accordance with and for as long as the law indicates, which will not be inferior to the life of the author.
2. The protection of the rights of performers in their performances is ensured , in accordance with the law.

Article 96

1. Everyone has the right to participate freely in the creation, development, conservation and innovation of the various knowledge systems and the transfer of their applications, as well as to enjoy their benefits.
2. The State recognizes and encourages the development of the various knowledge systems in the country, considering their different cultural, social and territorial contexts. It also promotes their equitable and open access, including the 31 exchange and communication of knowledge to society in the broadest possible way.
3. The State recognizes the right of indigenous peoples and nations to preserve, revitalize, develop and transmit traditional knowledge and ancestral knowledge and must, together with them, adopt effective measures to ensure their exercise.

Article 97

1. The Constitution guarantees freedom of investigation.
2. Reference to science
   It is the duty of the State to stimulate, promote and strengthen the development of scientific and technological research in all areas of knowledge, thus contributing to the socio-cultural enrichment of the country and the improvement of the living conditions of its inhabitants.
3. Reference to science, Protection of environment
   The State shall generate, in an independent and decentralized manner, the conditions for the development of transdisciplinary scientific research in matters relevant to the protection of the quality of life of the population and the ecosystem balance. In addition, it will carry out permanent monitoring of environmental and health risks that affect the health of the country's communities and ecosystems.
4. The law will determine the creation and coordination of entities that meet the objectives established in this article, their collaboration with public and private research centers with territorial relevance, their characteristics and operation.

Article 98

Article 99

1. The National Council of Bioethics is an independent, technical, consultative, pluralistic and transdisciplinary body that will have, among its functions, to advise State agencies on bioethical matters that may affect human life, animal life, nature and biodiversity, recommending the dictation, modification and deletion of rules governing these matters.
2. The law shall regulate the composition, functions, organization and other aspects of this body.

Article 100

Article 101

Article 102

1. The State, together with indigenous peoples and nations, shall adopt positive measures for the recovery, revitalization and strengthening of indigenous cultural heritage.
2. Protection of language use
   It also recognizes the linguistic heritage constituted by the different indigenous languages of the national territory, which are subject to revitalization and protection, especially those that have the character of vulnerable.
3. Indigenous peoples and nations have the right to obtain the repatriation of their objects of culture and human remains. The State shall adopt effective mechanisms for their restitution and repatriation. In turn, it guarantees access to its heritage, including objects of its culture, human remains and culturally significant sites for its development.

Article 103

Article 104

Article 105

Article 106

Article 107

Article 108

1. Everyone has the right to full access to justice and to require the courts of justice to effectively protect their legitimate rights and interests, in a timely and effective manner in accordance with recognized principles and standards in the Constitution and laws.
2. It is the duty of the State to remove social, cultural and economic obstacles that prevent or limit the possibility of resorting to the courts for protection and exercise of rights.
3. The courts must provide adequate attention to those who present petitions or consultations before them, always granting a dignified and respectful treatment, in accordance with the law.
4. Right to counsel
   The State guarantees the right to free and complete legal advice, on the part of lawyers authorized to exercise the profession, to any person who cannot obtain it by himself, in the cases and in the manner established by the Constitution and the law.
5. Privileges for juveniles in criminal process, State support for children
   It is the duty of the State to provide specialized legal assistance for the protection of the best interests of children and adolescents, especially when they have been subject to protection measures. In addition, it must endeavor to create all the necessary conditions for the safeguarding of its rights.
6. The State must ensure that the bodies involved in the process respect and promote the right to access justice with an intercultural perspective.
7. Trial in native language of accused
   Individuals have the right to specialized legal assistance, interpreters, intercultural facilitators and advisory experts, when they require it and cannot provide it on their own.
8. The State guarantees access to environmental justice.

Article 109

1. International law, Right to fair trial
   Everyone has the right to a reasonable and fair process in which the guarantees indicated in this Constitution, in the law and in the international treaties ratified and in force in Chile are safeguarded.
2. Such proceedings shall be conducted before the competent, independent and impartial tribunal previously established by law.
3. Right to speedy trial
   Everyone has the right to be heard and tried on equal terms and within a reasonable time.
4. Judgements will be founded, ensuring the admissibility of an adequate and effective remedy before the court determined by law.
5. Right to counsel
   Everyone has the right to legal defense and no authority or individual may prevent, restrict or disturb the proper intervention of the legal counsel.
6. Privileges for juveniles in criminal process
   In the processes involving children and adolescents, care must be taken to protect their identity.
7. The principles of probity and transparency shall apply to all persons exercising jurisdiction in the country. The law shall establish the corresponding responsibilities in case of violation of this provision.
8. The Constitution ensures assistance and the necessary proceedings adjustments regarding individual’s age or disability, as appropriate, in order to enable them to participate in the process.
9. Judicial procedures shall be established by statute. 34

Article 110

1. No person may be arbitrarily deprived of his liberty or restricted except in the cases and in the manner determined by the Constitution and the law.
2. No person may be arrested or detained except by court order, unless caught in flagrant crime.
3. The person arrested or detained must be brought before the competent court within a maximum period of twenty-four hours. They must be informed in an immediate and understandable manner of your rights and the reasons for the deprivation of your liberty. They will have the right to communicate with their lawyer or with whomever deem appropriate.
4. No person may be arrested or detained, subject to pre-trial detention or imprisonment, except in his home or in public places intended for this purpose. The entry must be recorded in a public record.
5. Rights of debtors
   Detention for debts is prohibited, except in case of breach of maintenance duties.

Article 111

1. That any action of the investigation or procedure that deprives, restricts or disturbs the exercise of the rights guaranteed by the Constitution requires prior judicial authorization.
2. Know the background of the investigation followed against you, except for the exceptions that the law indicates.
3. Presumption of innocence in trials
   Their innocence is to be presumed as long as there is no final conviction handed down against him.
4. That criminal responsibility is not presumed to be legal.
5. Be informed, without delay and in detail, of your rights and cause of the investigation against them.
6. Protection from self-incrimination
   Be silent and not be forced to testify against themselves or acknowledge their responsibility. Their ascendants, descendants, spouse, civil partner and other persons designated by statute may not be compelled to testify against the accused.
7. Let your freedom be the general rule. Personal precautionary measures are exceptional, temporary and proportional, and the law must regulate the cases of origin and requirements.
8. Prohibition of double jeopardy
   Not to be subjected to a new procedure, investigation or criminal prosecution for the same act in respect of which she has been convicted, acquitted or definitively dismissed by an enforceable sentence.
9. Be sanctioned in proportion to the infraction committed.
10. That the penalty of confiscation of property is not imposed, notwithstanding to confiscation in the cases established by statute.
11. That the loss of pension rights is not imposed as a punishment.
12. Privileges for juveniles in criminal process, International law
    That the detention or internment of adolescents be used only exceptionally and for the shortest period that may be appropriate and in accordance with the provisions of this Constitution, the law and the international human rights treaties ratified and in force in Chile.

Article 112

1. No person may be convicted of acts or omissions that do not constitute a crime under the legislation in force at the time.
2. No offence shall be punishable by any penalty other than that prescribed by a statute which entered into force prior to its perpetration unless a new law favors the accused.
3. No law may establish penalties without the conduct being punished being clearly and precisely described therein.
4. The provisions of this article shall also apply to security measures.

Article 113

1. A decentralized body of a technical nature, called the Integral Service for Access to Justice, will have the function of providing advice, defense and quality legal representation to people, as well as providing professional psychological and social support in the cases that apply.
2. The law will determine the organization, the areas of attention, the composition, and the staff of the Integral Service of Access to Justice, considering a territorially decentralized deployment.

Article 127

1. Nature has rights. The State and society have a duty to protect and respect them.
2. Reference to science
   The State should adopt an ecologically responsible administration and promote environmental and scientific education through lifelong learning and training processes.

Article 128

1. Reference to fraternity/solidarity
   These are principles for the protection of nature and the environment, at least those of progressivity, precaution, prevention, environmental justice, intergenerational solidarity, responsibility and just climate action.
2. Whoever damages the environment has the duty to repair it, notwithstanding to the administrative, criminal, and civil penalties that correspond according to the Constitution and the laws.

Article 129

1. It is the duty of the State to adopt actions to prevent, adapt and mitigate the risks, vulnerabilities and effects caused by the climate and ecological crisis.
2. Reference to fraternity/solidarity
   The State must promote dialogue, cooperation and international solidarity to adapt, mitigate and face the climate and ecological crisis and protect nature.

Article 130

Article 131

1. Animals are subject to special protection. The State shall protect them, recognizing their sentience and the right to live a life free from abuse.
2. The State and its entities shall promote education based on empathy and respect for animals. 45 46

Article 132

Article 133

Article 151

1. In Chile, democracy is exercised in a direct, participatory, community and representative manner.
2. It is the duty of the State to promote and guarantee the adoption of measures for the effective participation of the whole of society in the political process and the full exercise of democracy.
3. Organized political activity contributes to the expression of the popular will and its functioning will respect the principles of autonomy, probity, financial transparency and internal democracy.

Article 165

1. The exercise of public powers bind their holders to comply with the principles of probity, transparency and accountability in all their actions. In addition, it is governed by the principles of efficiency, effectiveness, responsibility, publicity, good faith, interculturality, gender focus, inclusion, non-discrimination and sustainability.
2. The public service must be provided with territorial, cultural and linguistic relevance.

Article 166

1.  The principle of probity consists in observing responsible and impeccable official conduct, performing the corresponding function or position in a loyal, honest, objective and impartial manner, without incurring discrimination of any kind, with pre-eminence of the general interest for in this regard.
2. The elected authorities and other authorities, officials and officials determined by statute must declare their interests and assets in a public manner. The law will regulate the cases and conditions in which they will delegate to third parties the administration of those assets and obligations that suppose a conflict of interest in the exercise of public office. It may also consider other appropriate measures to address them.

Article 167

1. The Constitution assures all persons the transparency of public information by facilitating its access in an understandable and timely manner, periodic, proactive, legible and in open formats, within the terms and conditions established by law. The principle of transparency requires state bodies to make public information available to anyone who requires it and to ensure its timely delivery and accessibility.
2. The information prepared with a public budget and all other information held or in the custody of the State is public, whatever its format, support, date of creation, origin, classification or processing.
3. Any institution carrying out a public power or administering public resources must comply with the principle of transparency.
4. Only the law may provide for the confidentiality or secrecy of such information, for reasons of State security or the national interest, protection of the rights of individuals, personal data or when their publicity affects the due fulfillment of the functions of the respective institution, according to its purposes.

Article 168

Article 169

1. The Council for Transparency is an autonomous, specialized and objective body with legal personhood and its own assets, in charge of promoting the transparency of the public function, supervising compliance with the rules on transparency and publicity of the information of the organs of the State and guarantee the right of access to public information.
2. The law shall regulate its composition, organization, functioning and powers.

Article 170

1. Corruption is contrary to the common good and undermines the democratic system.
2. It is the duty of the State to promote the integrity of the public service and to eradicate corruption in all its forms, both in the public and private sectors. In compliance with the above, it must adopt effective measures for its study, prevention, investigation, prosecution and punishment.
3. The competent bodies shall coordinate their actions through the corresponding bodies and mechanisms for the fulfilment of these purposes and shall pursue the application of the corresponding administrative, civil and criminal sanctions, in the manner determined by the law.

Article 171

Article 172

Article 173

Article 174

Article 175

1. Public administration aims to meet the needs of individuals and communities. It submits in its organization and operation to the principles of juridicality, speed, objectivity, participation, control, hierarchy, good treatment and the other principles indicated by the Constitution and the law.
2. The organs of the Administration shall execute public policies, plans and programs and shall provide or guarantee, where appropriate, the provision of public services on a continuous and permanent basis.
3. The law shall establish the basic organization of the public administration and may confer on its organs, among others, normative, supervisory, investigative, interpretative and sanctioning powers. In no case do these powers imply the exercise of jurisdiction.
4. Each authority and head, within the scope of its competence, may issue rules, resolutions and instructions for the best and most effective development of its functions.
5. Ultra-vires administrative actions
   Any person who has been violated in their rights by the Public Administration may complain to the administrative and jurisdictional instances established by this Constitution and the law.

Article 176

1. It is the duty of the State to provide universal and quality public services, which will be adequately financed
2. . The State shall plan and coordinate in an intersectoral manner the provision, provision and coverage of these services, under the principles of generality, uniformity, regularity and territorial relevance.

Article 177

1. The Public Administration carries out its own and usual functions through civil servants.
2. The positions that this Constitution or the law qualifies as of exclusive confidence, taking into account the nature of their functions, are part of the Government and will have the regime of income, performance and cessation established by law.
3. Persons who have the status of spouse, civil cohabitant or relatives up to the fourth degree of consanguinity and second degree of affinity, inclusive, with respect to the authorities and management officials of the State agency to which they apply, may not be appointed in the Public Administration. Exceptions are made to appointments made in application of the current rules on admission or promotion on merit in career positions.

Article 178

1. Reference to science
   The State shall define mechanisms for the modernization of its processes and organization; adapt its operation to the social, environmental and cultural conditions of each locality; use advances in science, technology, knowledge and innovation to promote optimization and continuous improvement in the provision of public goods and services, and allocate the necessary resources for those purposes. It will also promote participation and efficient management according to the needs of individuals and communities.
2. An agency will be in charge of drawing up plans to promote the modernization of the State Administration, monitor its implementation, prepare periodic diagnoses on the operation of public services and other functions, as established by law. It will have an advisory council whose integration will consider, among others, users and officials of public services and territorial entities.

Article 179

1. The Civil Service is composed of civil servants who, under the direction of the Government, regional governments or municipalities, carry out the functions of the Public Administration. Positions of exclusive trust are excluded from the Civil Service.
2. Admission to these functions will be carried out through an open, transparent, impartial, agile system that privileges merit, specialty and suitability for the position, observing objective and predetermined criteria.
3. The development, performance evaluation and cessation of these functions must respect their technical and professional character. The law will regulate the bases of the civil service career, allowing the mobility of civil servants within the entire public administration and civil service training, taking into account the territorial and cultural relevance of the place where the service is provided. In addition, it will establish a system of education, training and further training of civil servants.

Article 180

1. The Directorate of the Civil Service is an autonomous body, with legal personhood and its own assets, responsible for strengthening the public function and the procedures for selecting positions in the Public Administration and other entities established by the Constitution and the law, safeguarding the principles of transparency, objectivity, non-discrimination and merit. Their powers shall not affect the powers which, in the field of management, correspond to the authorities and heads of public services. The law shall regulate its organization and other powers.
2. This Directorate will regulate the selection processes of candidates for positions of the Senior Public Management System, or those that must be selected with their participation, and conduct the competitions aimed at providing positions of senior heads of services, through a Council of Senior Public Management.

Article 181

1. The fire departments of Chile make up an institution belonging to the civil protection system, whose purpose is to attend to emergencies caused by nature or human beings, notwithstanding to the specific competence of other public and / or private organizations.
2. The State must provide financial coverage to cover all its operational expenses, training and equipment, as well as provide medical coverage to its personnel for accidents or illnesses contracted by acts of service.
3. Chile's fire departments will be subject in all their actions to the principles of probity, transparency and accountability.

Article 182

1. Reference to fraternity/solidarity
   The State participates in the economy to fulfill its constitutional purposes, in accordance with the economic principles and objectives of solidarity, 62 economic pluralism, productive diversification and social and solidarity economy. In the exercise of its powers, it regulates, supervises, promotes and develops economic activities, in accordance with the provisions of this Constitution and the law.
2. The Constitution recognizes the State as an initiative to develop economic activities, through the various forms of ownership, management and organization authorized by law.
3. Public companies shall be created by statute, shall be governed by the legal regime determined by it and shall be subject to the rules on probity and accountability.
4. The State will promote innovation, local markets, short circuits and the circular economy.
5. Right to competitive marketplace
   .The State must prevent and punish abuses in the markets. Practices of collusion between undertakings and abuses of a dominant position, as well as business concentrations affecting the efficient, fair and fair functioning of markets, shall be understood as conduct contrary to the social interest. The law shall establish the sanctions against those responsible.

Article 183

1. Public finances shall be conducted in accordance with the principles of sustainability and fiscal responsibility, which shall guide the action of the State in all its institutions and in all its Levels.
2. The State shall use its resources in a reasonable, optimal, effective and efficient manner, for the benefit of the people and in accordance with the objectives imposed on them by the Constitution and the laws.
3. Notwithstanding to the different types of liability that may result from non- compliance with financial obligations, the law shall establish mechanisms for effective compensation of public assets.

Article 184

1. It is the duty of the State, within the scope of its financial powers, to establish a permanent policy of sustainable development and harmony with nature.
2. In order to have resources for the care and repair of ecosystems, the law may establish taxes on activities that affect the environment. Likewise, the law may establish taxes on the use of natural common goods, national goods for public use or goods Tax. When such activities are territorially circumscribed, the law must distribute resources to the corresponding territorial entity.

Article 185

1. Duty to pay taxes, Reference to fraternity/solidarity
   All persons and entities shall contribute to the maintenance of public expenditures by paying the taxes, fees and contributions authorized by statute. The tax system is based on the principles of equality, progressivity, solidarity and material justice, which, in no case, will have confiscatory scope. It will have within its objectives the reduction of inequalities and poverty.
2. The exercise of the power to tax allows the creation of taxes that respond to purposes other than collection, and must take into account limits such as necessity, reasonableness and transparency.
3. The taxes collected, whatever their nature, will enter the fiscal coffers or the territorial entities as appropriate according to the Constitution. Exceptionally, the law may create taxes in favor of the territorial entities that tax the activities or goods with a clear identification with the territories.
4. Territorial entities may only establish fees and contributions within their territory in accordance with a framework law that will establish the taxable event.
5. Annually, the competent authority shall publish, in accordance with the law, tax revenues and state, regional and communal tax burdens, as well as tax benefits, subsidies, subsidies or bonuses for the promotion of business activity, including natural and legal persons. The cost of these tax benefits must also be estimated annually in the Budget Act and published.
6. There will be no plebiscite and referendum on tax matters.

Article 186

Article 187

1. The State is organized territorially into autonomous territorial entities and special territories.
2. Indigenous right to self governance
   Autonomous territorial entities are autonomous communes, autonomous regions and indigenous territorial autonomies. They are endowed with political, administrative and financial autonomy for the realization of their aims and interests. They have legal personhood under public law, their own patrimony and the powers and powers necessary to govern themselves in the general interest of the republic, in accordance with the Constitution and the law, having as limits the rights humans and nature.
3. The creation, modification, delimitation and abolition of territorial entities must consider objective criteria based on historical, geographical, social, cultural, ecosystem and economic background, guaranteeing popular, democratic and binding participation. of its inhabitants.
4. In no case may the exercise of autonomy violate the unique and indivisible character of the State of Chile or allow territorial secession.

Article 188

1. Reference to fraternity/solidarity
   The territorial entities coordinate and associate in relations of solidarity, cooperation, reciprocity and mutual support, avoiding the duplication of functions, in accordance with the mechanisms established by statute.
2. Two or more territorial entities, with or without territorial continuity, may sign agreements and form territorial associations in order to achieve common objectives, promote social cohesion, improve the provision of public services, increase efficiency and effectiveness in the exercise of its powers and promoting sustainable and balanced social, cultural, economic development .
3. The Central Administration shall promote and support cooperation and associativity with and between territorial entities.
4. The law shall establish the general bases for the creation and operation of these associations, in accordance with the respective regional regulations.
5. Associations of territorial entities shall in no case alter the territorial organization of the State.

Article 189

1. The Constitution guarantees equitable treatment and harmonious and solidary development among the various territorial entities, both urban and rural. It shall be in the general interest and effective integration and may not establish arbitrary differences between them.
2. The State assures all persons horizontal equity in access to public goods and services, employment and all State benefits, notwithstanding to the place they live in the territory, establishing, if necessary, affirmative action in favor of the special protection groups .

Article 190

Article 191

1. Territorial authorities guarantee the right of their inhabitants to participate, individually or collectively, in public decisions, including the formulation, implementation, evaluation, democratic oversight and control of the civil service, in accordance with the Constitution and the laws.
2. Indigenous peoples and nations shall be consulted and shall grant free, prior and informed consent in those matters or matters that affect them in their rights recognized in this Constitution.

Article 192

Article 193

1. Protection of environment
   It is the duty of the territorial entities, within the scope of their powers, to establish a permanent policy of territorial equity, sustainable development and harmony with nature.
2. Territorial entities shall consider for their social, political, administrative, cultural, territorial and economic planning the principles of budgetary sufficiency, inclusion and interculturality, criteria of socio-spatial integration, gender, socio-ecosystem, human rights and other than that established by this Constitution.

Article 194

Article 195

1. The central administration may transfer to the territorial entities the powers determined by statute, notwithstanding to those indicated in this Constitution. This transfer must always consider the personnel and financial resources appropriate and sufficient for its proper implementation. It shall be for the law to establish the procedure, as well as its evaluation and control mechanisms.
2. Reference to fraternity/solidarity
   The State must also generate differentiated public policies. The law will establish the criteria and requirements for the application of these differences, as well as the mechanisms of solidarity and equity that compensate for the inequalities between the different territorial levels.

Article 196

1. The powers must be based prioritizing the local entity over the regional one and the latter over the national one, notwithstanding to those powers that the Constitution itself or the laws reserve to each of the territorial entities.
2. When the general interest so requires, the organ of the central or regional administration may temporarily subrogate the regional or local entity in the exercise of the powers that cannot be assumed by them.

Article 197

1. The State, through the Central Administration, regional and local governments , have the duty to order and plan the territory. For this, they will use management units that consider the watersheds.
2. This duty will aim to ensure an adequate location of settlements and productive activities, which allow responsible management of ecosystems and human activities, with criteria of equity and territorial justice for intergenerational well- being.
3. Protection of environment
   The ecological planning and planning plans of the territory will prioritize the protection of the upper parts of the basins, glaciers, areas of natural recharge of aquifers and ecosystems. These may define areas of environmental or cultural protection and create buffer zones for these. They will also consider the impacts that land uses cause on the availability and quality of water.
4. The planning and planning of the territories shall be binding in the matters determined by statute. They will be executed in a coordinated and integrated manner, focused on the general interest and with processes of popular participation in their different stages.

Article 198

Article 199

Article 200

Article 251

Article 279

1. Name/structure of executive(s)
   The government and administration of the State correspond to the President of the Republic, who exercises the head of State and the head of Government.
2. Legislative oversight of the executive, Joint meetings of legislative chambers
   On July 5 of each year, it will report to the country on the administrative and political state of the republic before the Congress of Deputies and the Chamber of the Regions, in joint session.

Article 280

1. Minimum age of head of state
   For a person to be elected President or President of the Republic, it is necessary to have Chilean nationality and to have reached thirty years of age on the day of the election.
2. Likewise, he must have effective residence in the national territory for the four years prior to the election. This requirement shall not be required when the absence from the country is due to the fact that the person, his spouse or his civil cohabitant fulfills diplomatic mission, works in international organizations or there are other circumstances that justify it well-founded. Such circumstances shall be qualified by the Election Certification Court.
3. When registering the candidacy , you must present a program, in accordance with the law.

Article 281

1. Claim of universal suffrage
   The President shall be elected by universal and direct suffrage by an absolute majority of the votes validly cast. The election will be held on the third Sunday of November of the year preceding the year in which the person in office must cease to hold office.
2. If more than two candidates are put before the election and none of them obtains more than half of the votes validly cast, a second vote shall be held among the candidates who have obtained the two highest majorities. This vote will take place on the fourth Sunday after the first. The candidacy that obtains the quorum established in the previous paragraph will be elected. In the event of the second ballot, the candidatures may make modifications to their agenda up to one week before it.
3. The day of the presidential election will be an inalienable holiday.
4. Head of state replacement
   In the event of the death of one or more of the persons referred to in paragraph 2, the person holding the Presidency of the Republic shall call for a new election within ten days from the date of death. The choice will be held ninety days after the call if that day corresponds to a Sunday. Otherwise, it will be held the following Sunday.

Article 282

1. The certification process for the election of the President shall be concluded within fifteen days of the first ballot and within thirty days of the second.
2. The Election Certification Court shall immediately inform the Congress of Deputies and the Chamber of the Regions of the proclamation of the President or the President-elect.
3. Joint meetings of legislative chambers
   The Congress of Deputies and the Chamber of the Regions, meeting in joint session on the day on which the person in office must cease to hold office , and with the members who attend, shall take cognizance of the resolution of the Election Certification Court that proclaims the person who has been elected.
4. Oaths to abide by constitution
   In the same act, the President or the President-elect shall give a promise or oath to faithfully perform his office, to preserve the independence of the republic, to keep and enforce the Constitution and the laws, and shall immediately assume his functions.

Article 283

1. If the President-elect prevented from taking office, he or she shall assume, provisionally and with the title of Vice President or Vice-President of the Republic, who presides over the Congress of Deputies, the Chamber of the Regions or the Supreme Court, in that order.
2. If the impediment is absolute or lasts indefinitely, the Vice President within ten days following the agreement of the Congress of Deputies, shall call a new presidential election to be held ninety days later if that day corresponds to a Sunday, or the Sunday immediately following, in accordance with the general rules. Whoever is so elected will assume their functions at the time indicated by statute and will last in them for the rest of the period already begun.

Article 284

1. The President shall remain for four years in the exercise of his or her duties, after which she may be re-elected, immediately or subsequently, only once .
2. If you running for immediate re-election, from the day of registration of your candidacy, she/he will not be able to execute expenditure that is not of mere administration or carry out public activities that involve propaganda to campaign for the reelection. The Office of the Comptroller General of the Republic shall issue an instruction regulating the situations described in this article.

Article 285

Article 286

1. Head of state removal
   The following are definitive impediments to the exercise of the office of President of the Republic and cause their vacancy: death; serious illness, duly accredited, which makes it impossible to perform the office for the rest of the period, and so qualified by the Election Certification Court; the resignation accepted by the Congress of Deputies, and the dismissal by constitutional accusation, in accordance with the rules established in this Constitution.
2. In case of definitive impediment, the minister or the minister of State indicated in the previous article will assume as subrogator and will proceed in accordance with the following paragraphs.
3. Joint meetings of legislative chambers
   If the vacancy occurs less than two years before the next presidential election, the President or the President will be elected by the Congress of Deputies and the Chamber of the Regions, in joint session. The appointment will be made within ten days of the date of the vacancy and whoever is elected will assume his position within the following thirty days. For the purposes of his re-election, this presidential term shall be considered as a full one.
4. If the vacancy occurs two years or more before the next presidential election, the Vice President, within the first ten days of her subrogation, shall call a presidential election for one hundred and twenty days after the convocation, if that day corresponds to a Sunday, or the following Sunday, according to the general rules. Whoever is elected will assume his office on the tenth day after his proclamation, and until the end of the remaining term to the one who is replaced.
5. The Vice-President who subrogates and the President who is appointed in accordance with the provisions of the previous paragraph shall have all the powers that this Constitution confers on the President of the Republic.

Article 287

Article 288

1. Whoever exercises the Presidency of the Republic has the power to issue those regulations, decrees and instructions that he deems necessary for the execution of the laws.
2. Likewise, it can exercise the regulatory power in all those matters that are not reserved exclusively to the law. When rules of legal and regulatory rank are applicable, the law will prevail in case of contradiction.
3. Legislative oversight of the executive
   The President shall report monthly to Congress on the regulations, decrees and instructions issued under the preceding paragraph .

Article 289

1. The President of the Republic has the power to negotiate, conclude, sign and ratify international treaties.
2. In those cases in which international treaties refer to matters of law, they must be approved by the Legislative Power. This approval shall not be required by those concluded in compliance with a statute.
3. The Legislative Branch shall be informed of the conclusion of international treaties that do not require its approval.
4. The process of approving an international treaty shall be subject, as appropriate, to the formalities of a regional agreement law .
5. The President of the Republic shall send the draft to the Congress of Deputies and shall report on the negotiation process, the content and scope of the treaty, as well as the reservations it intends. confirm or formulate.
6. Once received, the Congress of Deputies may suggest the formulation of reservations and interpretative declarations to an international treaty, in the course of the process of its approval, provided that they proceed in accordance with the provisions of the treaty itself or the general rules of international law.
7. Once the treaty has been approved by the Congress of Deputies, it will be sent to the Chamber of the Regions for processing.
8. The measures adopted by the Executive or the agreements it concludes for the fulfillment of a treaty in force will not require new approval of the Legislative Power, unless they are matters of law.
9. The agreement approving a treaty may authorize the President of the Republic to issue, during the term of the treaty, the provisions with the force of law that it deems necessary for its fullness. compliance, except in the case of fundamental rights, nationality, citizenship, elections and plebiscites.
10. The agreement of the Legislative Branch will be necessary for the withdrawal or denunciation of a treaty that it has approved and for the withdrawal of a reservation that it has considered when approving it. The law shall fix the deadline for its pronouncement.
11. Facts relating to the international treaty, including its negotiations, its entry into force, the formulation and withdrawal of reservations, interpretative declarations, objections to a reservation and its withdrawal, denunciation or withdrawal from the treaty, suspension, termination and nullity.
12. When negotiating international investment treaties or instruments or similar, whoever exercises the Presidency of the Republic shall ensure that the dispute resolution bodies are impartial, independent and preferably permanent.
13. Those who inhabit the territory or Chileans who are abroad and have reached the age of sixteen will have the initiative to request the President or the President of the Republic the signing of international human rights treaties in accordance with requirements established by law, which shall define the period within which the President shall respond to the aforementioned request.

Article 290

1. Ministers of State are direct and immediate collaborators of the President of the Republic in the government and administration of the State.
2. They are responsible for the conduct of their respective portfolios, for the acts that they sign and jointly and severally of those who subscribe or agree with holders of other ministries.
3. The law shall determine the number and organization of the ministries, as well as the order of precedence of the ministers and the titular ministers.
4. The President of the Republic may entrust one or more ministers with the coordination of the work of the Secretaries of State and the relations of the Government with Congress of Deputies and the Chamber of the Regions.

Article 291

1. Eligibility for cabinet
   To be appointed minister of State, it is necessary to be a citizen with the right to vote and to meet the general requirements for entry into the Public Administration.
2. They will be subrogated or replaced, in case of absence, impediment, resignation or when for another reason the vacancy of the position occurs, in accordance with what is established by law.

Article 292

1. The regulations and decrees of the President of the Republic shall be signed by the minister or the minister of State concerned and shall not be obeyed without this requirement.
2. Decrees and instructions may be issued with the sole signature of the respective Minister of State, by order of the President of the Republic, as established by law.

Article 293

1. Ministers may attend the sessions of the Congress of Deputies and the Chamber of the Regions and take part in their debates, preferably to take the floor.
2. Notwithstanding to the foregoing, they will attend personally and obligatorily to the special sessions convened by the Congress or the Chamber to be informed on matters which, falling within the scope of the powers of the corresponding Secretariats of State, they agree to deal with.

Article 294

Article 295

1. The State has a non-delegable monopoly on the legitimate use of force, which it exercises through the competent institutions, in accordance with this Constitution, the laws and with respect for human rights.
2. The law shall regulate the use of force and weapons that may be used in the exercise of the functions of the institutions authorized by this Constitution.
3. No person, group or organization may possess, possess or carry weapons or other similar elements, except in the cases indicated by law, which shall establish the requirements, authorizations and controls on the use, carrying and possession of weapons.

Article 296

1. The President of the Republic is responsible for the conduct of public security through the corresponding ministry.
2. The disposition, organization and criteria for the distribution of the police shall be established in the National Public Security Policy. The law shall regulate the validity, scope and mechanisms for the elaboration and approval of this policy, which shall include the gender and intercultural perspective and full respect for international law and fundamental rights.

Article 297

1. The police depend on the ministry in charge of public security and are police, non-military institutions, of a centralized nature, with competence throughout the territory of Chile, and are intended to guarantee public security, giving effect to the law and safeguarding fundamental rights, within the framework of its powers.
2. Police officers should incorporate a gender perspective in the performance of their duties and promote parity in decision-making spaces. In the use of force, they must act in compliance with the principles of legality, necessity, precaution, proportionality, non-discrimination and surrender of with respect for international law and the fundamental rights guaranteed in this Constitution.
3. They are professional, hierarchical, disciplined, obedient and non-deliberative institutions.
4. The Police and their members shall be subject to controls on probity and transparency in the manner and conditions determined by the Constitution and the law. Its members may not belong to political parties; associate in political, trade union or trade union organizations; exercise the right to strike, or run for elected office.
5. Admission to and training in the police shall be free and non-discriminatory, as established by statute. Police education and training is based on respect for human rights .

Article 298

1. The President of the Republic is responsible for the leadership of national defense and serves as the supreme head of the Armed Forces. He will exercise command through the ministry in charge of national defense.
2. International law
   The disposition, organization and criteria for the distribution of the Armed Forces shall be established in the National Defence Policy and the Military Policy. The law shall regulate the validity, scope and mechanisms for the elaboration and approval of such policies, which shall incorporate the principles of international cooperation, gender equality and interculturality and full respect for international law and fundamental rights.

Article 299

1. International law
   The Armed Forces are composed solely and exclusively of the Army, Navy and Air Force. They depend on the ministry in charge of national defense and are institutions destined to the protection of the sovereignty, independence and territorial integrity of the republic against aggressions of an external nature, as established in the Charter of the United Nations. They collaborate with international peace and security, in accordance with the National Defense Policy .
2. They must incorporate a gender perspective in the performance of their functions, promote parity in decision-making spaces and act with respect for international law and the fundamental rights guaranteed in the Constitution.
3. They are professional, hierarchical, disciplined, obedient and non-deliberative institutions.
4. Restrictions on the armed forces
   Military institutions and their members are subject to controls on probity and transparency. They cannot belong to political parties; associate in political, trade union or trade union organizations; exercise the right to strike, or run for elected office.
5. Admission to and training in the Armed Forces shall be free and non- discriminatory, in the manner established by statute. Military education is based on respect for human rights.
6. The law shall regulate the organization of the defense, its institutionality, its structure and joint employment, its leadership, its command and the military career.

Article 300

1. International law
   The exercise of the rights and guarantees that the Constitution guarantees to all persons under the following situations of exception may only be suspended or limited: international armed conflict, internal armed conflict as established by international law or public calamity. They may not be restricted or suspended except the rights and guarantees expressly indicated in the Constitution.
2. The declaration and renewal of states of constitutional emergency shall respect the principles of proportionality and necessity and shall be limited, with respect to their duration, extent and means employed, to what is strictly necessary for the earliest restoration of constitutional normality.

Article 301

1. Joint meetings of legislative chambers
   The state of assembly, in case of international armed conflict, and the state of siege, in case of internal armed conflict, shall be declared by the President of the Republic with the authorization of the Congress of Deputies and the Chamber of Deputies of the Regions, in joint session. The declaration shall identify the areas affected by the relevant state of emergency.
2. Joint meetings of legislative chambers
   The Congress of Deputies and the Chamber of the Regions, in joint session, within a period of twenty-four hours from the moment in which the President of the Republic submits the declaration of state of assembly or siege to its consideration, shall be pronounced by the majority of its members accepting or rejecting the proposal. In their request and subsequent declaration, the grounds that justify the extreme need for the declaration must be specified, and congress and the Chamber may only introduce modifications with respect to its territorial extension. If the Congress and the House do not approved within that period, they will be summoned by the ministry of the Constitution alone to special daily sessions, until they pronounce on the declaration.
3. However, the President of the Republic, in circumstances of urgent necessity, and only with the signature of all her ministers, may immediately apply the state of assembly or siege, as long as the Congress of Deputies and the Chamber of the Regions pronounce on the declaration. In this case, only the exercise of the right of assembly may be restricted.
4. By the declaration of the state of assembly, the President of the Republic shall be empowered to restrict personal freedom, the right of assembly, freedom of work, the exercise of the right of association; intercept, open or record documents and all communications; provide for requisitions of property, and establish limitations on the exercise of the right to property.
5. The declaration of a state of siege may not be extended for more than fifteen days, notwithstanding to the President or the President of the Republic requesting its extension, for which it will require the pronouncement of four sevenths of the deputies, deputies and regional representatives in office for the first extension, three-fifths for the second and two-thirds for the third and following.
6. By declaring a state of siege, the President of the Republic may restrict freedom of movement and the right of association. It may also suspend or restrict the exercise of the right of assembly.
7. The state of assembly shall remain in force for as long as the situation of international armed conflict is extended , unless the President of the Republic provides for its termination in advance or the Congress of Deputies and the Chamber of Deputies the Regions withdraw their authorization.

Article 302

1. The state of catastrophe, in case of public calamity, shall be declared by the President of the Republic. The declaration must establish the scope of application and the period of duration, which may not exceed thirty days. Only with the agreement of the Congress of Deputies may it be extended beyond this period. The aforementioned agreement will be processed in the manner established in paragraph 2 of the previous article.
2. The President of the Republic shall be obliged to inform the Congress of Deputies of the measures taken.
3. Once a state of disaster has been declared, the respective areas shall be under the immediate dependence of the head of the state of emergency, who shall be a civil authority. appointed by the person holding the Presidency of the Republic. This authority will assume the direction and super vigilance of those areas with the powers and duties that the law indicates.
4. The President of the Republic may request the extension of the state of catastrophe, for which it shall require the approval, in joint session, of the majority of members in office of the Congress of Deputies and the Chamber of regions.
5. By declaring a state of disaster, the President of the Republic may restrict freedom of movement and the right of assembly. It may also order requisitions of property, establish limitations on the exercise of the right to property and adopt all extraordinary measures of a legal and administrative nature that are necessary for the prompt restoration of normalcy in the affected area.

Article 303

1. Acts of the President of the Republic or of the head of a state of emergency which are based on the declaration of a state of constitutional emergency shall expressly indicate the constitutional rights which they suspend or restrict.
2. The decree of declaration must specifically indicate the measures to be adopted by reason of the exception, which must be proportionate to the purposes established in the declaration of exception and not excessively limit or totally impede the legitimate exercise of any right established in this Constitution. States of constitutional emergency shall permit the President of the Republic to exercise powers and powers ordinarily reserved to the regional or communal level when the restoration of normality so requires.
3. All declarations of a state of constitutional emergency shall be well founded and shall specify the rights to be suspended, as well as their territorial and temporal extension.
4. The Armed Forces and police must strictly comply with the orders of the head of state of emergency in charge.
5. Measures taken during states of emergency may not, under any circumstances, be extended beyond their validity.

Article 304

1. The law shall regulate states of emergency, their declaration and the application of the legal and administrative measures that may be adopted under them, in everything not regulated by this Constitution. Such a statute may not affect the powers and functioning of constitutional bodies, nor the rights or immunities of their respective holders.
2. Likewise , this law shall regulate the manner in which the President of the Republic and the authorities entrusted thereto shall render a detailed, truthful and timely account to the Congress of Deputies of the measures adopted and of the plans for overcoming the situation of exception, as well as of the serious facts that would have arisen on the occasion of the constitutional state of emergency. Failure to comply with this duty of accountability shall be considered a violation of the Constitution.

 Article 305

1. Once the state of emergency has been declared, an Oversight Commission will be constituted under the Congress of Deputies, of equal and plurinational composition, composed of deputies, by regional representatives and by representatives of the Ombudsman's Office, in the manner established by statute. This body must supervise the measures adopted under the state of emergency, for which it will issue periodic reports containing an analysis of them, their proportionality and the observance of human rights and will have the others. powers entrusted to it by law.
2. The organs of the State must collaborate and provide all the background information required by the Commission for the performance of its functions. In the event that it becomes aware of violations of the provisions of this Constitution or the law, it must make the pertinent complaints, which will be sent and known by the competent bodies. The law shall regulate its integration and operation.

Article 306

Article 307

1. Guarantee of due process, International law
   Jurisdiction is a public function that is exercised in the name of the peoples and that consists of knowing and judging, through due process, conflicts of legal relevance and enforcing what has been resolved, in accordance with the Constitution and laws, as well as international human rights treaties and instruments to which Chile is a party.
2. It is exercised exclusively by the courts of justice and the authorities of indigenous peoples and nations recognized by the Constitution, or the laws enacted under it.
3. The exercise of jurisdiction must ensure the protection and promotion of human rights and nature, the democratic system and the principle of jurisdiction.

Article 308

Article 309

1. International law
   The State recognizes the legal systems of indigenous peoples and nations, which by virtue of their right to self-determination coexist in coordination on an equal footing with the National Justice System. They must respect the fundamental rights established by this Constitution and the international human rights treaties and instruments to which Chile is a party.
2. The law shall determine the mechanisms for coordination, cooperation and resolution of conflicts of competence between indigenous legal systems and State entities.

Article 310

1. Judicial independence
   Judges exercising jurisdiction are independent of each other and of any other power or authority, and shall act and rule impartially. In their providences, they are only subject to the rule of law.
2. The judicial function is exercised exclusively by the courts established by statute. No other organ of the State, person or group of persons, may exercise the judicial function, hear pending cases, modify the grounds or content of judicial decisions or reopen concluded proceedings.
3. Judges may not perform any other function or employment, except academic activities in the terms established by law.
4. Judges shall only exercise the judicial function, and may not perform any administrative or legislative function.
5. Judges may not serve in political parties.

Article 311

1. International law
   The jurisdictional function should be exercised under an intersectional approach and should ensure substantive equality and compliance with international human rights obligations in this area.
2. This duty extends to all judicial and auxiliary bodies, to officials of the National Justice System, throughout the course of the process and in all the actions they carry out.

Article 312

1. The judicial function shall be governed by the principles of parity and a gender perspective. All bodies and persons involved in the judicial function must ensure substantive equality .
2. The State guarantees that appointments to the National Justice System respect the principle of parity in all organs of jurisdiction, including the appointment of presidencies.
3. The courts, whatever their competence, must rule with a gender perspective.
4. Justice systems must adopt all measures to prevent, punish and eradicate violence against women, sexual and gender dissidents , in all its manifestations and areas.

Article 313

Article 314

Article 315

Article 316

Article 317

1. Once their intervention has been requested in the legal form and on matters within their jurisdiction, the courts may not excuse themselves from exercising their function in a reasonable time or even in the absence of an express legal norm that resolves the matter submitted to their decision.
2. The exercise of jurisdiction is non-delegable.

Article 318

1. In order to enforce decisions and to carry out or have practiced the proceedings determined by law, the courts of justice may issue direct orders or instructions to the security forces. These must comply with the mandate quickly and expeditiously, without being able to qualify its basis, timeliness or legality.
2. The sentences handed down against the State of Chile by international human rights tribunals whose jurisdiction has been recognized by it shall be complied with by the courts of justice. in accordance with the procedure established by statute, even if they contravene a final judgment pronounced by them.

Article 319

1. Opinions should always be substantiated and written in clear and inclusive language. The law may provide for exceptions to the duty to substantiate judicial decisions.
2. Right to public trial
   All stages of proceedings and court decisions are public. Exceptionally, the law may establish its reservation or secrecy in qualified cases.

Article 320

1. Access to the judicial function shall be free of charge, notwithstanding to the judicial proceedings and procedural sanctions established by statute.
2. Arbitral justice will always be voluntary. The law may not provide for forced arbitration.

Article 321

Article 322

1. The judicial function is defined in its structure, integration and procedures in accordance with the principles of plurinationality, legal pluralism and interculturality.
2. Indigenous right to illegal activities
   In the case of indigenous persons, the courts and their officials shall adopt an intercultural perspective in the treatment and resolution of matters within their competence, taking due account of the customs, traditions, protocols and normative systems of indigenous peoples, in accordance with international treaties and instruments. of human rights to which Chile is a party.

Article 323

1. It is the duty of the State to promote and implement collaborative conflict resolution mechanisms that guarantee active participation and dialogue.
2. Only the law may determine the requirements and effects of alternative dispute resolution mechanisms.

Article 324

1. Persons who exercise jurisdiction in single-member or collegiate bodies are called judges. There will be no hierarchy among those who exercise jurisdiction and they will only be differentiated by the function they play. In addition, they will not receive any honorary treatment.
2. Only the law may establish positions of judges. The Supreme Court and the courts of appeals may only be composed of persons who have the status of judges or titular judges, interim, alternate or subrogant.
3. The staff and internal administrative organization of the courts shall be established by statute.

Article 325

Article 326

Article 327

Article 328

1. The Supreme Court is a collegiate body with jurisdiction throughout the country whose function is to ensure the correct application of the law and standardize its interpretation, as well as the other powers established by this Constitution. and the law.
2. Supreme court term length, Supreme court term limits
   It shall be composed of twenty-one judges and shall function in full or specialized chambers.
3. Its judges will last in their positions for a maximum of fourteen years, without the possibility of re-election.
4. The presidency of the Supreme Court shall be exercised by a person elected by his peers. He will remain in office for two years without the possibility of holding office again. Whoever holds the Presidency may not be members of any of the Chambers.

Article 329

Article 330

1. Courts of appeal are collegiate bodies with jurisdiction over a region or part thereof. Its main function is to resolve the challenges of decisions issued by the courts of instance, as well as the other powers established by the Constitution and the law.
2. They will operate in full or in preferably specialized rooms.
3. The presidency of each court of appeals shall be exercised by a person elected by his peers. It will last in its functions two years.

Article 331

1. Courts of instance are civil, criminal, family, labor, common or mixed jurisdiction, administrative, environmental, neighborhood, execution of sentence and others established by the Constitution and law.
2. The organization, powers, competence and number of judges who make up these courts are determined by statute.

Article 332

1. The administrative courts hear and resolve actions directed against the State Administration or promoted by it and the other matters established by statute.
2. For its knowledge and resolution, the law will establish a unified, simple and expeditious procedure.
3. There will be at least one administrative court in each region of the country and they will be able to function in specialized chambers.
4. Matters within the jurisdiction of these courts may not be submitted to arbitration.

Article 333

1. The environmental courts will hear and decide on the legality of administrative acts in environmental matters, the action to protect the rights of nature and environmental rights, reparation for environmental damage and the others indicated by the Constitution and the law.
2. There will be at least one environmental court in each region of the country.
3. The law shall regulate the integration, competence and other aspects that are necessary for its proper functioning.
4. Actions to challenge the legality of administrative acts that rule on environmental matters and the request for precautionary measures may be filed directly before the environmental courts, without the prior exhaustion of the administrative remedy being required.

Article 334

1. Neighborhood justice is made up of neighborhood courts and neighborhood justice centers .
2. In each commune of the country that is the seat of a municipality, there will be at least one neighborhood court that will exercise the jurisdictional function with respect to all those legal controversies that arise at the communal level that do not fall within the jurisdiction of another court and of the other matters entrusted to them by law, in accordance with a short, oral, simple and expeditious procedure.

Article 335

1. Neighborhood justice centers are bodies responsible for promoting the resolution of neighborhood and small disputes within a community determined by statute, on the basis of social dialogue, peace and participation of the parties involved. Priority should be given to its installation in rural areas and places far from urban areas.
2. The neighborhood justice centers must guide and inform the public in legal matters, making the necessary referrals, as well as exercising the other functions that the law entrusts to them.
3. The organization, powers, matters and procedures that correspond to the neighborhood justice centers will be governed by the respective law.

Article 336

1. International law
   The courts for the enforcement of sentences shall ensure the fundamental rights of persons convicted or subject to security measures, as recognized in this Constitution and international human rights treaties and instruments, seeking their integration and social integration.
2. They shall exercise judicial functions in matters of execution of sentences and security measures, judicial control of the disciplinary power of the penitentiary authorities, protection of the rights and benefits of inmates in penitentiary establishments and others that it indicates. the law.

Article 337

1. The system for the enforcement of criminal sanctions and security measures shall be organized on the basis of respect for human rights and shall have as its objectives the execution of the sentence and the integration and social integration of the person serving a judicial sentence.
2. International law
   It is the duty of the State, in its special position as guarantor vis-à-vis persons deprived of liberty, to ensure the protection and effective exercise of their fundamental rights enshrined in this Constitution and in international human rights treaties and instruments.

Article 338

1. Only the State can execute the execution of sentences and measures depriving of liberty, through public institutions specially established for these purposes. This function may not be fulfilled by private individuals.
2. For the insertion, integration and reparation of persons deprived of liberty, penitentiary establishments must have spaces for study, work, sport, arts and cultures.
3. In the case of women and pregnant persons and mothers of infants, the State shall adopt the necessary measures, such as infrastructure and equipment, in the closed, open and post-penitentiary control regimes.

Article 339

1. The Election Certification Court shall hear the general count and the certification of the elections of the authorities elected by popular vote at the national level, resolve the complaints that arise and proclaim those who are elected and elected.
2. In addition, it will hear and resolve administrative complaints against acts of the Electoral Service and decisions issued by supreme courts or equivalent bodies of political organizations.
3. It will also know and decide on the inabilities, incompatibilities and causes of cessation in the position of deputies or regional representatives. In the same way, it will qualify the resignation of these when they are affected by a serious illness, duly accredited, that prevents them from performing the position.
4. This Court shall also hear national plebiscites and shall have the other powers determined by statute.
5. The Court will evaluate the evidence according to the rules of sound criticism.
6. Electoral court selection, Electoral court term length
   It will be constituted by five judges, appointed by the Council of Justice, who must apply in the form and opportunity determined by the respective law. They will last six years in their functions.
7. A statute shall regulate the organization and functioning of the Election Certification Court, its staff, remuneration and staff regulations.

Article 340

1. The regional electoral tribunals are responsible for hearing the general count and certification of elections at the regional level, communal and civil society organizations and other organizations recognized by this Constitution or by statute, as well as to resolve the claims to which they give rise and to proclaim the candidacies that are elected.
2. They shall also be aware of regional and communal plebiscites, notwithstanding to the other powers determined by statute.
3. Its resolutions will be appealable and its knowledge will correspond to the Election Certification Court in the manner determined by law. Likewise, they will be responsible for knowing the certification of the elections of a union nature and those that take place in those organizations that the law indicates.
4. The regional electoral tribunals shall consist of three judges, appointed by the Council of Justice, who shall apply in the manner and at the time determined by the respective law. They will last six years in their functions.
5. These courts will evaluate the evidence according to the rules of sound criticism.
6. A statute shall regulate the organization and functioning of regional electoral tribunals, plants, remuneration and staff regulations.

Article 341

Article 350

First

Second

Third

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

Fourth

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

Fifth

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

Sixth

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

Seventh

Eighth

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

Ninth

Tenth

Eleventh

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

Twelfth

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

Thirteenth

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

Fourteenth

Fifteenth

Sixteenth

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

Seventeenth

Eighteenth

Nineteenth

Twentieth

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

Twenty-first

Twenty-second

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

Twenty-third

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

Twenty-fourth

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

Twenty-fifth

Twenty-sixth

Twenty-seventh

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

Twenty-eighth

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

Twenty-ninth

Thirtieth

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

Thirty-first

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

Thirty-second

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

Thirty-third

Thirty-fourth

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

Thirty-fifth

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

Thirty-sixth

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

Thirty-seventh

Thirty-eighth

Thirty-ninth

Forty

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

Forty-first

Forty-second

Forty-third

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

Forty-fourth

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

Forty-fifth

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

Forty-sixth

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

Forty-seventh

Forty-eighth

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

Forty-ninth

Fiftieth

Fifty-first

Fifty-second

Fifty-third

Fifty-fourth

Fifty-fifth

Fifty-sixth

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

Fifty-seventh