1974 Statute of the Governing Military Junta of

Chile
TITLE ONE. On the Powers of the State and its Exercise
Article 1.- The Government Junta, composed of the Commanders-in-Chief of the Army, the Navy and the Air
Force and the General Director of Carabineros, has assumed the Constituent, Legislative and Executive Powers.
Article 2.- The Government Junta, shall adopt its decisions by unanimity of its members.
Article 3.- The Judicial Power is constituted and exercises its functions in the manner and with the
independence and faculties indicated in the Political Constitution of the State and the laws of the Republic.

SECOND TITLE. Of the Exercise of the Constituent and

Legislative Powers
Article 4 .- The Governing Board exercises, by means of decree laws, the Constituent Power and the
Legislative Power, in accordance with the provisions contained in this Statute and in the legal precepts that
complement it. These decrees laws must be signed by all its members and, when they deem it appropriate, that
of the respective Ministers.
Article 5 .-The decision to legislate is the sole responsibility of the Government Junta, and the initiative to
propose supplements to items of the General Budget Law; to alter the political or administrative division of the
country; to suppress, reduce or cancel taxes or contributions of any kind, their interests or sanctions, postpone
or consolidate their payment and establish total or partial tax exemptions; to create new public services or
rented jobs; to fix or modify the remunerations and other pecuniary benefits of the personnel of the services of
the State administration, both central and decentralized; to fix the minimum wages or salaries of private sector
workers, obligatorily increase their salaries and other economic benefits or alter the bases that serve to
determine them; to establish or modify social security or pension schemes; to grant or increase, by grace,
pensions or other pecuniary benefits, and to forgive the sums improperly received for remuneration or other
economic benefits, retirement, retirement or pensions or grace pensions.
The Ministries and Advisory Bodies of the Government Junta, may submit proposals on legislative matters, so
that if it deems it appropriate, exercise the exclusive power referred to in this article.
Article 6.- A decree complementary law shall establish the working bodies and the procedures to be used by
the Board to exercise the constituent and legislative powers.
These complementary norms will also establish the mechanisms that allow the Government Junta to request
the collaboration of the community - through its technical and representative organizations - for the
preparation of the decree laws.

TITLE THIRD. Of the Exercise of the Executive Power

Article 7.- The Executive Power is exercised by the President of the Government Junta, who is the Supreme
Chief of the Nation, with the faculties, attributions and prerogatives that this same Statute grants him.
The position of President of the Government Junta, corresponds to the titular member thereof who holds the
first place of precedence in accordance with the rules established in Title IV.
Article 8.- Without prejudice to what is established in the previous article, the other members of the
Government Junta, will collaborate with its President in the exercise of the executive functions that correspond
to it, by assuming - for these purposes - the superior management of the activities, areas and functions that he
entrusts to them.
Article 9.- The President of the Government Junta is entrusted with the administration and government of the
State, and its authority extends to all that has as its object the preservation of internal public order and the
external security of the Republic, in accordance with the present Statute, the Constitution and the laws.
Article 10.- The following are the President's special powers:
1974 Statute of the Governing Military Junta of
Chile
1.- To dictate the regulations, decrees or instructions that he deems convenient for the execution of the laws.
2.- Ensure the ministerial conduct of the Judges and other employees of the Judiciary and request, for that
purpose, the Supreme Court to declare its misconduct, or the Public Prosecutor's Office, to demand disciplinary
measures from the competent Court , or so that, if there is enough merit, file the corresponding accusation.
3.- Appoint the Ministers of State and officers of their Secretariats, the Diplomatic Agents, Intendants and
Governors, with the agreement of the Government Junta, but these officials will remain in their posts as long as
they have the confidence of the President.
4.- Appoint the Magistrates of the Superior Courts of Justice and the Judges, hearing the Government Junta.
5.- Provide other civil and military jobs as determined by the laws.
6.- To remove the employees of the State Administration from their designation, for ineptitude or any other
reason that renders their services useless or harmful, in accordance with the organic laws of each institution.
7.- Grant retirement, retirement and enjoyment of montepío, according to the laws.
8 .- Take care of the collection of public revenues and decree their investment in accordance with the law. The
President of the Government Junta, with the signature of all its members, may decree payments not authorized
by law only to meet unpostponable needs derived from public calamities, external aggression, internal
commotion or the exhaustion of resources destined to maintain services that can not be paralyzed without
serious damage to the country. The total of the drafts made with these objects, may not exceed annually two
percent (2%) of the amount of expenses authorized by the General Budget Law. Employees may be hired under
this same law, but without the respective item can be increased or decreased through transfers.
9.- Grant personalities to private corporations, and cancel them; approve the bylaws because they must be
ruled, rejected and accept modifications.
10.- Grant private pardons by hearing the Government Junta.
11.- To dispose of the forces of air, sea and land, organize them and distribute them as he find convenient,
listening to the Government Junta.
12.- Send the forces of air, sea and land with the agreement of the Government Junta. In this case, the President
may reside in any place occupied by Chilean arms.
13.- Maintain political relations with foreign powers, receive their Agents, admit their Consuls, conduct
negotiations, make preliminary stipulations, conclude and sign all treaties of peace, alliance, truce, neutrality,
trade, concordats and other conventions. The approval and ratification of the International Treaties will be
subject to the provisions of Decree Law No. 247 of January 17, 1974.
14.- Declare in the state of assembly one or more provinces invaded or threatened in case of foreign war, and in
a state of siege, one or several points of the Republic in case of danger of external attack or invasion. In case of
internal disturbance, the declaration of finding one or several points in a state of siege, will be made by decree
law.
By the declaration of the State of Siege, only the President of the Government Junta, is granted the power to
transfer persons from one department to another and to arrest them in their own homes and in places other
than jails or others that are destined to the arrest or imprisonment of common criminals.
The measures taken because of the State of Siege will not last longer than the latter.
15.- The other attributions that the Constitution and the laws grant to the President of the Republic.
Article 11.- The President, with the agreement of the Government Junta, will decide whether or not there is
room for the admission of the accusations that any individual presents against the Ministers of State for the
damages that may have been suffered by an act of these.
Article 12.- In the decree law authorizing the President of the Government Junta, to declare war, it will be
recorded that the Council of General Officers of each of the institutions of the Armed Forces has been heard.
Article 13.- With the agreement of the Government Junta, the President will confer the jobs or degrees of
General Officers, by supreme decree.
1974 Statute of the Governing Military Junta of
Chile
For the provision of jobs or degrees of Colonels or Navy Captains, will be as provided in the regulations of the
institutions.
Article 14.- When, in accordance with the Constitution or the laws, the agreement of the Senate for the
appointment or removal of an official is required, the Government Junta, must proceed with the agreement.

TITLE FOURTH. Of the order of precedence, the

subrogation and the replacement of the Members of the
Governing Board
Article 15.- Without prejudice to the provisions of the following articles, the order of precedence of the
members of the Junta is as indicated below:
1.- The Commander in Chief of the Army;
2.- The Commander-in-Chief of the Navy;
3.- The Commander in Chief of the Air Force, and
4.- The General Director of Carabineros.
Article 16.- When the President of the Government Junta, due to illness, absence from the territory of the
Republic or other serious temporary reason can not exercise his position, he will be subrogated by the titular
member of the Junta, that follows him in the order of precedence.
If the four members of the Junta have the status of subrogates, the order of precedence established in article 15
shall be applied to determine who shall hold the office of substitute President of the Government Junta.
Article 17.- If by the circumstances expressed in the first paragraph of the previous article, any of the members
of the Board can not exercise their position, it will be subrogated by the General Officer of Arms in active
service older in their respective institution, who will be will integrate the Board in the fourth order of
precedence.
If the temporary impediment simultaneously affects two or more members of the Board, the subrogants will be
incorporated to it, following the or the titular members, observing among the subrogants the order of
precedence of article 15.
Article 18.- When it is necessary to replace any of the members of the Government Junta, by death,
resignation or any kind of absolute impossibility of the holder, the Junta will designate the Institutional
Commander in Chief or the General Director of the Carabineros to replace him.
If the impossibility affects only one of the members of the Junta, the replacement will occupy the last order of
precedence.
If this impossibility affects two or more of the titular members simultaneously, the new members will join the
Board, preserving among them the order of precedence that corresponds to them in accordance with Article 15,
following the holder (s) They would have remained in their positions.
Article 19.- In case of doubt as to whether the impossibility that deprives a member of the Governing Board of
the exercise of its functions is such that its replacement must take place, in accordance with the procedure
provided in the previous article, it will correspond to the other members of the Board to resolve the doubt
raised.

Register with the Office of the Comptroller General of the Republic, publish in the Official Gazette and insert in
the Official Bulletins of the Army, Navy, Air Force, Carabineros and in the Official Compilation of said
Comptroller's Office.- AUGUSTO PINOCHET UGARTE, Army General, Commander in Chief of the Army,
President of the Junta de Gobierno.- JOSE TORIBIO MERINO CASTRO, Admiral, Commander in Chief of the
Navy.- GUSTAVO LEIGH GUZMAN, Air General, Commander in Chief of the Chilean Air Force.- CESAR
MENDOZA DURAN, General , General Director of Carabineros.-
What I transcribe for your knowledge.- Enrique Montero Marx, Undersecretary of the Interior.
1974 Statute of the Governing Military Junta of
Chile