Focus on: We the people of Chile

Chile is undergoing an institutional-driven process for the drafting of a new Political Constitution, which began after the October 2019 social unrest events, when the country was shaken by an explosion of violent vandalism and peaceful mass protests.

This constitutional debate has fed legitimate expectations of those who aspire to reduce inequalities, but at the same time has created uncertainty among citizens and investors. Exploitation of water resources and mining; the private sector’s role in health and social security; the intellectual property and intangible assets’ legal framework; and special protections and privileges for indigenous communities and other minorities, are probably the matters causing the most heated debates.

Recent polls are showing that the September 2022 referendum will likely be a close election, with a public opinion that is significantly split between approving or rejecting the proposed Constitutional text. At the same time, the Government has announced incoming tax, pension and health structural reforms, regardless of the outcome of the referendum.

In such a shaken context, in-house lawyers have an enormous challenge to continue sailing with current regulations, and at the same time, anticipating material legal changes in many areas; counsels are not expected to react to the events, but instead, to anticipate the outcome of a changing regulatory environment, mitigate their risks and -if possible- identify any arising opportunities for their business. Changes imply risks and opportunities at the same time, and in-house lawyers shall deal with both successfully.