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Chile: Timeline for the new Constitution​

On November 15, 2019, due to the social protests that had been taking place during the previous weeks, the main political parties reached an important consensus. They agreed on the need to replace the current Constitution of Chile which was put in place during the dictatorship.

The process would be as follows:

  • April 2020 – There would be a referendum that would ask the citizens if they would like to replace the current constitution with a new constitution and how the new constitution would be defined. The possible choices would be through a mixed convention or a constitutional convention.
  • If the option of a new constitution prevails, the citizens must choose between the following options: Constitutional Convention or Mixed Constitutional Convention. The first one is composed of 155 elected citizens, meanwhile, the mixed convention is composed of 172 members, which 86 of them will be citizens specially elected for these purposes, and 86 parliamentarians who will be elected by the National Congress.
  • October 2020 – Elections will be held to fill the constituent body who will be responsible for the new constitution.
  • After these elections and from a date not yet defined, the constituent body will begin its assignment for a term of 9 months, extendable for another 3 additional months.
  • The next step is ratifying the new constitution through another referendum.

There are many technical aspects of this process that have yet to be decided, like the size of the constitutional assembly, its representativeness and how indigenous populations will be accounted for.

The changes to the constitution are important to a large portion of the population given that the original was put in force during the 1980´s and enacted by the military government of Augusto Pinochet.

Harris Gomez Group is a Common Law firm, with offices in Santiago, Bogotá, and Sydney. We also have legal teams in Peru, Bolivia, Ecuador, Brazil, and Argentina. Over the last 19 years, we have been supporting foreign companies with their growth in Australia and Latin America. Many of our clients are technology companies, service providers and engineering companies that focus on the mining, energy and infrastructure markets.

To better understand how we can support your management team in the Region, please contact Cody Mcfarlane at cmm@hgomezgroup.com