Chile's Decree Fight Puts Power in Congress's Hands

Chile’s Justice Ministry paused new sentence-reduction decrees on October 23, but it hasn’t cancelled 56 decrees for people convicted of sex crimes against minors. Those decisions remain at the center of a fight among the government, Congress and the parties backing President José Antonio Kast, with the people affected by the decrees caught in the middle of a power struggle over how the law gets applied.

The decrees and the lawmakers

The ministry said it would seek “immediate discussion” for bills barring sentence cuts for people convicted of sex crimes against minors. Under Law 18.918, that designation gives the chamber receiving a bill six days to complete its vote. Justice Minister Fernando Rabat said the government would support motions by Deputy Ximena Ossandón and by Senators Squella, Longton, Flores, Bianchi and Araya.

A separate bill would move decisions on sentence cuts from commissions to judges. It is in its second stage in the Senate. National Renewal deputies have also proposed a constitutional reform that would void administratively granted cuts in the six months before the reform took effect; the reports don’t say whether the government supports that provision.

The Ministry’s pause applies to new decrees. Its duration wasn’t stated, and the 56 existing decrees remain in place. Rabat said “the great majority” of the 56 people must have left prison, but the number still incarcerated is unknown. Academic Pedro Anguita told Cooperativa that, in his view, decrees granting rights can’t be revoked retroactively.

A coalition dispute moves to Congress

Republican Party leader Arturo Squella apologized Saturday, October 24, to Chile’s UDI party for a social-media post attacking former Justice Minister Hernán Larraín. Larraín accepted the apology. UDI president Guillermo Ramírez said Squella called him, apologized “for his post” and promised to contact Larraín personally. Squella wrote on X that “my response was disproportionate” and said he would delete the post; the reports don’t establish whether he did.

The dispute eased, but the broader crisis over the decrees continues. The UDI is represented in the government by Interior Minister Claudio Alvarado. In June, Ramírez and National Renewal president Andrea Balladares formally complained to Alvarado about repeated “lack of respect” from Republicans. Chile Vamos leaders said Kast should pursue one governing coalition, an idea they described as “more distant than ever.”

Rabat was due to meet governing-party representatives Monday, October 26. Six opposition benches sought a special Chamber of Deputies session Wednesday, October 28, where Rabat would explain his change of criterion. The Chamber hadn’t confirmed the session. The Partido de la Gente, a 14-seat bench whose votes the opposition says are key, planned to meet Monday; whether it would support an accusation was unknown.

The limits of the available votes

The Constitution permits 10 to 20 deputies to accuse a minister of violating the Constitution or law, or failing to execute laws. Squella argued Friday that those grounds don’t cover a minister who carries out a law. No accusation had been filed as of Sunday morning, October 25, and the opposition said Rabat’s performance and the PDG’s position would determine whether it proceeded.

If deputies file an accusation, a five-deputy commission is drawn by lot. The minister has 10 days after notification to defend himself, and the commission has six days to report before the Chamber votes. A majority of deputies present must approve the accusation, suspending the minister; the Senate then hears the case four to six days later and decides by a majority of senators in office. Removal carries a five-year ban from public office.

The governing parties don’t hold enough seats to pass legislation alone: Kast’s Republicans won 31 of 155 Chamber seats and the UDI 18. The opposition put a less severe interpellation on hold as it sought a special session instead. Meanwhile, Ramírez blamed an unclear law and courts’ interpretation of it, and advocated changing the law before the government addressed the decrees. Government spokesman Gonzalo Arenas said the government would present its own bill and support lawmakers’ bills, while insisting that “we are a government that complies with the law, that complies with the Constitution.”