Cecily Zamora
The legal system of Chile is based on the Continental Law tradition, with the 1980 Constitution forming the basis of its public law. This constitution has been amended several times, including in 1989, 2000, 2001, 2003, and 2005, with over 50 reforms approved in the latter year. The country's legal framework also includes the Chilean Civil Code, which was passed into law in 1855 and came into force in 1857. The Civil Code has largely remained unchanged for 150 years. Chile's laws are created through a collaboration between the President of the Republic, the Congress, the judiciary, and a Constitutional Court, with each branch serving a distinct function.
| Characteristics | Values |
|---|---|
| Basis for public law | 1980 Constitution, reformed in 1989 and 2005 |
| Legal system tradition | Continental Law |
| Form of government | Democratic republic |
| Separation of functions | Between the President of the Republic, the Congress, the judiciary, and a Constitutional Court |
| Basis for private relationships | Chilean Civil Code |
| Last amendment to the Political Constitution | 2005 |
| Number of reforms approved in 2005 | Over 50 |
| Official gazettes | Primary sources of law published by the government |
| Civil Union Agreement | Created in 2014 |
| Same-sex marriage | Established in 2021 |
| Criminal procedure reforms | Began in 2000, replacing an inquisitory procedure with an accusatory system |
| Jurisdiction for family law | Family Courts established in 2005 |
| Data protection | LPPD, PDPL, and other laws |
| Family law in the 19th century | Influenced by conservative values, Catholic Church, and discrimination against non-matrimonial filiation |
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The Chilean Constitution
Chile's legal system belongs to the Continental Law tradition. The basis for its public law is the 1980 Constitution, which has been amended several times, including in 1989 and 2005. The 1980 Constitution was approved by Chilean voters in a tightly controlled plebiscite on September 11, 1980, under Augusto Pinochet, and came into effect on March 11, 1981.
The 1980 Constitution established Chile as a democratic republic with a clear separation of powers between the President of the Republic, the Congress, the judiciary, and a Constitutional Court. The 2005 amendments eliminated some of the remaining undemocratic areas of the text, such as the existence of non-elected senators and the inability of the President to remove the Commander-in-Chief of the Armed Forces.
In 2013, Michelle Bachelet, of the Socialist Party, was elected to a second presidential term. One of her campaign promises was to replace the 1980 Constitution, arguing that Chile needed a new constitution born in democracy rather than dictatorship. However, opposition politicians raised concerns that changing the Constitution would create uncertainty and negatively impact foreign investment and the economy.
In 2022, a proposed Political Constitution of the Republic of Chile sought to replace the 1980 Constitution, but it was rejected by a margin of 62% to 38%. The 2022 proposed constitution included provisions recognising the cultural rights of Chilean Afro-descendant tribal people, promoting access to books and reading, and protecting intellectual property rights. It also addressed citizenship and voting rights, guaranteeing Chileans abroad the right to vote in national elections and protecting their right to family reunification and voluntary return to Chile in humanitarian crises.
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The Civil Code
The Code was influenced by the examples of European Codes, particularly the Napoleonic Code, and the old German registry system. It is considered to be the most important legal accomplishment of Latin America by some experts. The Chilean Code is distinct from the French Code in terms of both scheme and content, adapting the French model to the post-colonial economy and the cultural context of the territory.
The Code is divided into four books, with 2524 articles and a final article. The first book deals with the birth and death of persons, marriage and paternity, and the creation and liability of legal persons. The second book is about the acquisition of property and the rights that people have over them. The third book concerns obligations and contracts, and the fourth book covers successions.
The Code has been amended numerous times, particularly in the areas of family and succession, to eliminate discrimination and protect the vulnerable. However, much of the Code has not been amended in 150 years.
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Criminal procedure
Chile's legal system belongs to the Continental Law tradition. The basis for its public law is the 1980 Constitution, which was last reformed in 2005. This Constitution establishes Chile as a democratic republic with a clear separation of functions between the President of the Republic, the Congress, the judiciary, and a Constitutional Court.
The Chilean judicial system is divided into three levels: the Supreme Court, the Courts of Appeals, and the tribunal of first instance (or lower level). The Supreme Court, or "Corte Suprema", is made up of 21 judges who are appointed by the President of the Republic, subject to the approval of the Senate. The Supreme Court has administrative and regulatory control over all judges. There are 13 Courts of Appeals and numerous ordinary judges (the lower level), who are divided into civil and criminal matters, children and labor.
Since 2000, Chile has been undergoing one of the most important legal reforms in its history, known as the "Reforma Procesal Penal" (the "Reform"). This Reform has been gradually implemented across the country, aiming to incorporate respect for human rights and international standards into criminal justice administration programs. The Reform seeks to align these programs with the social, political, economic, and cultural developments experienced by Chilean society in recent decades.
In addition to the Reform, Chilean criminal procedure has also undergone significant changes. Previously, an inquisitorial system was in place, but it has been replaced by an accusatory model similar to those in Germany and the United States. While the prosecution is handled by an autonomous authority (Ministerio Público), the judgement is rendered by a collegiate court (Tribunal de Juicio Oral en lo Penal). Trials are conducted publicly and verbally, with the law offering alternatives to the defendant to avoid the trial while ensuring victim satisfaction and public safety.
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Family law
Over time, Chilean family law has undergone numerous reforms aimed at ending legal discrimination, promoting equality in family relationships, and protecting vulnerable members. One of the notable reforms was the introduction of the Civil Code in 1855, which came into force in 1857 and has been the subject of various alterations. The Civil Code regulates most general issues related to family matters, including property regimes, family assets, and obligations between parents and children, as well as between spouses.
In 1967, Chile created the Child Act (Ley de Menores), followed by the Domestic Violence Act (Ley de Violencia Intrafamiliar) in 1993. Another significant change came in 2004 with the enactment of a new Civil Marriage Law (Ley de Matrimonio Civil), which introduced divorce for the first time. This law established regulations for marriage requirements, marital agreements, separation and divorce, nullity, and dispute resolution between spouses.
Chilean family law also recognises civil partnerships and same-sex marriage. In 2014, the Civil Union Agreement (Acuerdo de Unión Civil) was established, and in 2021, same-sex marriage was legalised. Additionally, since 2005, specialised Family Courts (Juzgados de Familia) have been conducting verbal trials for family matters, with some exceptions for cases involving divorce and adoption.
The Constitution of Chile plays a crucial role in family law, stating that the family is the fundamental basis of society and protecting the life of the unborn child. International conventions ratified by Chile, such as the United Nations Convention on the Rights of the Child and the Hague Child Abduction Convention, also hold constitutional status and influence family law in the country.
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Data protection
Chile's legal system belongs to the Continental Law tradition. The basis for its public law is the 1980 Constitution, which has been amended several times, most recently in 2005. The Constitution establishes the individual's right to the respect and protection of private life, honour, and protection of personal data.
In August 2024, the Chilean Congress approved Law 21.719, the Protection of Personal Data (LPPD) law, which will become fully effective in December 2026. The LPPD was introduced in 2017 to replace the Ley sobre Protección de la Vida Privada (LPVP), Chile's first national data protection framework, which was adopted in 1999. The LPPD aims to strengthen data protection and promote the country's digital economy. It establishes the Personal Data Protection Agency (PDPA) and outlines principles under which data can be processed and used, such as lawfulness, fairness, purpose, and transparency.
The LPPD also expands data subject rights, including the right to access, rectify, suppress, and oppose the processing of their data, as well as adding new rights to data portability and blocking the processing of one's data. It introduces new legitimate bases for processing data as exceptions or alternatives to consent. The law also incorporates sanctions for data protection violations, ranging from 2% to 4% of an entity's total revenue, and creates a national registry for infringers.
The LPPD applies extraterritorially to natural and legal persons, including public and private bodies, when the processing is carried out by a controller or processor established in Chilean territory. It also covers cases where the processing operations are intended to offer goods or services to data subjects in Chile or monitor their behaviour, regardless of whether payment is involved.
The Data Protection Law (DPL) also regulates the processing of personal data and requires the regulation of international transfers of personal data, determining the cases in which they may be legal. The DPL establishes the Data Protection Officer (DPO), who is responsible for cooperating with and acting as a point of contact for the PDPA, and assisting organisations in identifying potential non-compliance in their data-processing operations. Organisations must adopt an infringement prevention model certified and accredited by the Data Protection Agency to track their compliance with the new laws.
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Frequently asked questions
The basis for Chile's public law is the 1980 Constitution, which was reformed in 1989 and 2005.
The legal system of Chile belongs to the Continental Law tradition.
Chile's legislative branch, the Congreso Nacional, creates and amends laws. The country's official gazette is the primary source of new laws, regulations, and decisions of governmental bodies.
