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Government The Chileans I spoke with had differing opinions as to the role of the national congress. Some felt that the congress would be a key player in the transition back to democracy from the dictatorship of Pinochet which began in 1973. Others felt that the congress was actually just another way to promote continuing military control. Most agreed that from 1973-1988, the ambitions of Pinochet and his style of governance had not changed. Laws passed between 1980 and 1988 were drawn up by the four-member junta, justice seemed to be partial, and there was little or no public debate. During the first portion of the Pinochet regime, order was kept according to the "Ley de Seguridad del Estado", or Law of State Security. Political parties were apparently prohibited, and there were strong sanctions against those who opposed the military government. From some of the stories I heard, the result was great violence against those who expressed contrary ideas. Only two television channels were available: one transmitted by the Military, and the other by the Universidad Católica, both of which promoted government ideals. The same can be said of the print media. It was in this climate that the most recent constitution, that of 1980, was formed. This constitution said that Pinochet would remain in power as dictator only until 1988, but was unclear about what his role would be beyond that point. Pinochet is scheduled to officially retire from the military in late 1997, but I was also told that upon retirement he is expected to assume one of the appointed seats in the Senate which is currently vacant.
The 120 Deputies in congress are all entirely elected by popular vote in their individual territories. These 60 voting territories are divided by geography rather than by population. Each Deputy is elected for a term of four years. Of the 46 Senators, however, only 38 are elected by popular vote. The remaining eight are "appointed" as follows:
The President of the Republic also has the power to veto a project, and send it back to the chambers with requested changes. The chambers must then either make those changes requested by the President and pass the law, or override the presidential veto by a 2/3 vote in each chamber. If neither is possible, the project is lost. Some projects submitted by the President are of an urgent nature, and these are subject to time limitations for discussion and passage. The levels of urgency and time limits are:
Interestingly, registering to vote in Chile is not required by law; however, if one does register, it is then mandatory to vote. If a registered voter fails to go to the polls, a 30,000 peso fine can be imposed. Do the changes in recent years truly indicate a transition back to democracy in Chile? Perhaps. Given the appointed members of the Senate (making up nearly 25% of the chamber), combined with those conservative senators elected by popular vote, the positions supported by Pinochet have an obvious mathematical majority. Pinochet's influence is also evident in the selection of members of the Supreme Court, the Constitutional Tribunal, and the National Security Council. For some Chileans, this system of government represents a reasonable balance between adequate democratic participation and the interests of national security. Others, however, fear that the methods and composition of Congress, the Supreme Court, and the National Security Council is simply another extension of the power and continuing dictatorship of Augusto Pinochet. The Chilean JudiciaryAttorneys are plentiful in Chile, and they include courtroom lawyers and "Notarias". Unlike Notaries in the United States, the roll of the Chilean Notaria is quite different. First, in order to be a Notaria, one must be an attorney. Notarias are actually small businesses responsible for bringing together and verifying all materials and evidence in court. Because of this great responsibility in determining what evidence is valid and what is not, Notaries are not allowed to also serve as court lawyers. The predominant Chilean belief is that this system of justice is efficient and fair because there is less chance of the court being deceived. Still, the number of courts is greatly insufficient, and many of the accused remain in custody for months awaiting trial. For those people who do not have sufficient money to hire a lawyer,
there are also "Legal Assistance Corporations" which provide
free legal help to those who require it.
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