How many Soviets there in Chile?

By Alexis López Tapia

"First National Congress of Chile"; Oil painting by Nicanor Gonzalez Mendez (1864 - 1934)

This text has been translated automatically; we apologize for any errors it may contain.

Russian term Sóviet or Soviet (Совет, "concilio") is usually translated as "Council". Originally, the concept

referred to the assemblies of workers, peasants and soldiers that gave rise to the "October Revolution" of 1917,

and were later the basis for the formation of the "Socialist Federal Republic of Councils (Soviets) of Russia ", the

now defunct USSR. The first council of workers, peasants and soldiers, was founded in the city of Ivanovo, the

"textile capital" of Russia, where in 1905 -from a general strike, the first council or Russian "soviet" was formed.

In Chile, for most of the 200 years of our history as a republic, the basic administrative structure of the state, was

largely based on the inherited organs of the colonial period. Thus, just it founded Santiago; conqueror Pedro de

Valdivia ordered the creation of the first “Cabildo” (council of the city, from Latin capitulum, "at the head") which

corresponded to medieval Spanish Hall.

When a city was founded, the founder appointed among the soldiers who had accompanied him in founding the

council members and mayors who would make up the council of the new population. According to one of the Laws

of the Indies, the appointment of the aldermen was a custodial attribution advance that founded the city - by itself

or through an envoy yours - for the days of his life, and a son or heir. Subsequently, these councils would become

autonomous public corporations, legal personality and its own, is now called Municipalities.

In case of emergency or disaster, the authorities could also calls for a “Open Cabildo” ("Town Meeting") which in

practice were those who assumed power produced in Spain to the facts derived from the Napoleonic

invasion. Thus, the Open Councils deposed rulers, including viceroys and captains general, and assumed the

representation of the people of each city. That was the beginning of the various revolutions that began to turn the

Hispano-American Independence. It was generally resorted to Open Councils to gather "the view of healthy and

main part of the neighbors", ie, consultative structures, quotas, and essentially temporary.

Therefore, in Chile, the council did not assume power directly, but rather delegated to the first Board of

Governors, appointed on September 18, 1810, which was the first autonomous government of the country, led by

Mateo de Toro and Zambrano, the last royal governor of Chile, who-at the beginning of the “Cabildo” opened the

session and resigned his governorship saying "Here is the cane, dispose of it and control." Accordingly, the meeting

addressed the Attorney General Jose Miguel Infante who said that what is best for the country and the interests of

the king, was the creation of a Governing Board. The proposal was accepted by acclamation of the great majority

of those attending the council, under the famous slogan "Board want!". The assembly then appointed the

members of the first National Government, which was composed of nine members.

After the death of Mateo de Toro and Zambrano, president of the Governing Board was taken over temporarily by

Juan Martinez de Rozas, under whose mandate was convened the first National Congress, opened on July 4, 1811,

which started the drafting process the first constitution, which was interrupted by the coup d'etat of Jose Miguel

Carrera, the September 4, 1811.

Since then, and even in times of emergency –revolution, civil war, dictatorship–, the Republic of Chile mostly had

presidential character from the Executive, Parliament in relation to the legislature, and President over the

judiciary.

Only three times in its history, Chile formed "Council of State" specifically for writing or counseling for the

development of constitutional texts.

Thus, a first State Council in 1823, created by the Constitution of that year, and whose functions were

of "originator of the bills and government spending budgets which later passed to the Senate for approval

formed. Also he participated in the appointment of ministers of office. "

The second Council of State, was created under Articles 102 to 107 of the 1833 Constitution, and the amendments

to the reform of 1874, stopped working with the implementation of the Constitution of 1925. It had consultative

could propose charges for Judicial power and the Church courts validate skills, and could discuss the bills being

proposed to Congress, among other powers.

Finally, the Council of State of 1976 was created by Decree Law No. 1,319, of January 9, 1976, as senior adviser to

the President organism. Their discussions were secret, and their opinions which constituted a mere nonbinding

opinion.

Apart from these three Councils of State and with few exceptions, until the 1970s, there were mostly Councils, or

"Soviets", which have legislative, judicial or executive capacity less.

Currently, this is not so.

One of the first Councils created in Chile was the "Council of National Monuments" created in 1970 under

President Eduardo Frei Montalva 1 , and that continues to fulfill functions until today.

And under the presidency of Salvador Allende, quickly they created the "National Development

Council" 2 ; the "Regional Development Councils", "Sector Development Councils", the "Council from the welfare

funds"; the " Council of Directors of the Public Sector Undertakings"; the " Council of companies of mixed social

property", the first of which was formed in Chuquicamata; " Council Peasants" directly related to the agrarian

reform; the "Community Councils and Provincial Farmers' derivatives thereof; "Local, Regional and National

Councils of Education"; and the "Departmental Council of the Advisory Committee for the Department of Easter

Island" among several others.

In particular, the peasant organizational policy of the Allende government, was expressed in the initiative on the

creation of central bodies of "People Power", for which, by Decree No. 214, created the "Farmer’s Councils” to

local, and was the "Farmer’s National Council" in order to "accelerate the development of agrarian reform."

The constitution of the "People Power" officer in the field was immediately challenged by sectors of peasant base

in the province of Cautín, when the January 16, 1971, the action of the Minister Jacques Chonchol, was matched by

more than 1,000 farmers - in the town of Lautaro they created the first "Farmer’s Community Council", born from

the grassroots, ie without awaiting legal recognition or signature of ministers 3.

Indeed, "in Lautaro, Saturday January 16, the" Revolutionary Peasant Movement "(MCR), entered the village with communal forces deployed, a column of poor farmers in fourth lines background, organized by grassroots committees as provenance, carrying their placards identifying and slogans, preceded by a large picture of Che Guevara and flanked by three militants detachments armed with symbolic wooden sticks, which when adopted regular step were taken as if they were rifles" 4.

Subsequently, since the Constitution of 1980 and its subsequent amendments, several elected "councils",

composed by officials at each level authorities, or in some cases settled.

Among them we can mention the National Security Council, the Council of the Central Bank, the National

Television Council and the Community Councils of Civil Society Organizations, all under the current Constitution.

However, since 1990, the various successive governments established a series of new "Councils", for the most

varied topics, among which we cite without being exhaustive:

The Regional Councils, which were created by the constitutional reform of 1991, and implemented with the

Constitutional Law No. 19,175, organic on government and regional authorities, 1992. These councils, along with

the respective mayors in each region, comprising the Governments Regionals. In the same Act Provincial Economic

and Social Councils they were created. Since 2014, members of the Regional Councils or CORE began to be elected

by popular vote.

The National Fisheries Council, created by Law No. 18.892, consolidated in 1992.

The State Defense Council, established in its current form in 1993, which "is a decentralized public service, with

legal personality, under the direct supervision of the President of the independent Republic and of the various

Ministries" 5.

The Council of Film Classification, established in 2002, is a "centralized body under the Ministry of Education,

responsible for film productions qualify for marketing, distribution and public display" 6.

The National Council for Culture and the Arts, formed in 2003, which is "an autonomous public service,

decentralized and geographically decentralized, with juridical personality and its own assets, which relate directly

to the President of the Republic" 7.

The Presidential Advisory Council for Quality Education, which was created under the first presidency of Michelle

Bachelet, the June 7, 2006, for the study of reforms to education. In December of that year he presented the final

report, which among other things proposed a new Constitutional Act on Education, a new system of financing

education reforms and adjustments to the full school day.

The Council for Transparency, established in 2009, which "is an autonomous public body with legal personality and

its own, created by the law of Transparency and Public Access to Information of the State Administration" 8.

Also in 2009, the National Council of Education (NCED), was created "as an autonomous body with legal

personality and its own assets relates to the President through the Ministry of Education" 9.

For its part, the National Human Rights Institute (NHRI), created in 2009, is an "autonomous public

corporation"10, and is managed by a Council composed of 11 members. In parallel, it has a National Consultative

Council, in which social and academic organizations dedicated to the promotion and defense of human rights and

fundamental freedoms are "represented, given its advice to Council on all matters within its competence requiring,

for proper resolution, the pronouncement of the civil society“ 11.

In 2010 the Consultative Council on Capital Markets, which was created "an advisory committee of the Ministry of

Finance aimed at institutionalizing dialogue and public-private interaction on the development strategy of the

financial market" 12.

The same year 2010 the Disability Advisory Council, Ministry of Social Development is "intended to make

participation and social dialogue in the process of equal opportunities, social inclusion, participation and

accessibility for people with created disability” 13.

In 2011 the National Advisory Council on Environment, and the relevant Regional Advisory Councils, which

should "must contemplate at least the following subjects were created: Environmental Regulation; Information and

Environmental Economics; Education, Participation and Local Governance; Natural resources and biodiversity;

Climate change and compliance with international conventions, and Planning and Management " 14.

Of even greater importance for this analysis, also the year 2011, the Council was created to strengthen civil

society, which "seeks to strengthen participatory governance both as organizations that are part of civil society."

It is well established mandatory for all ministries and public services, creating their own Councils of Civil

Society, "participatory public accounts" and "public consultations".

Furthermore, other areas, such as the Fund for Strengthening Public Interest Organizations, a body that is

managed by a National Council and Regional Councils, whose function is to allocate resources to promote

consolidation, autonomy and sustainability of social organizations, were established15.

Among these councils which every ministry must now be legally and whose calls began this year, we can mention

the Council of Civil Society of the Ministry of National Assets, "it is a consultative body, autonomous in its

deliberations, consisting of representative, diverse and pluralistic, consisting of different sectors of civil society that

are related to the Ministerial Mission, its policy, plans and programs implemented by the Ministry" 16.

In the Ministry of Finance, the Council of Civil Society is a "mechanism through which the Secretariat and General

Administration of the Ministry of Finance with representatives of civil society in matters that are within the under

secretariat of said links, as establish in the Regulations which shall order" 17.

Meanwhile, the Interior Ministry, "must have at least a board of civil society and autonomous advisory, which will

aim to accompany the processes of decision making and monitoring of public policies promoted by the service" 18.

The already formed Council of Civil Society of the Ministry of Foreign Affairs, "is an advisory body and

autonomous, whose main objective is to contribute with ideas and opinions for consideration of higher authority is

in the process of decision making and in the monitoring of public policies promoted by the Ministry. The Council will

consist of diverse, representative and pluralistic manner by members of non-profit associations related to areas of

policies, services, programs or plans emanating from the Ministry of Foreign Affairs.

The appointment of the members of the Board shall comply with the following criteria:

Diversity: The Council represent cultural diversity, ideological, values, ethnic, age and thematic

policy, which is related to n Civil Society organizations in the sector.

Plurality: The Council are compose to representatives of the different currents of opinion

expressed in thematic of public affairs of concern to society.

Representativeness: Organizations should be representative of the sector and its members must

be persons with recognized expertise in the issues addressed by the Council of Civil Society.

Gender: The conformation or n of duty counsel to include the participation of women

representatives of organizations” 19 .

Thus then, the Council of Civil Society of the Ministry of Foreign Affairs, is composed of the following non-profit

organizations to date:

Libertad y Desarrollo (LYD) Institute; Center for Public Studies (CEP); Hospitalizations Studies Center (PUC); Chile

Chamber of Commerce (CNC); Sociedad de Fomento Fabril (SOFOFA); Institute of International Studies (UCH); A

Roof for Chile (ROOF) 20 ; Fundación Chile (FCH); Fundación Teletón (Telethon); America

Solidarity 21 ;Humanas 22 and the now defunct 23 Corporation Participates 24 .

At the 3 meeting, on March 23, 2015 attended: Jose Morande Lavin, the Institute of International Studies,

University of Chile (UCH); Walter Sanchez, Director of the Institute of International Studies University of Chile

(UCH); Victoria Hurtado, of the "Human Corporation"; Francisco Alvarez of "ceiling" and Ximena Casarejos,

Executive Director of "Telethon Foundation" 25 .

Meanwhile, institutional participants were:

Don Edgardo Riveros Marín, Secretary of Foreign Affairs; Alejandro Marisio, Director General of Consular and

Migration Affairs; Claudio Troncoso, General Counsel;Maria del Carmen Dominguez, Director of Strategic

Planning; Francisco Gormaz, Director of Regional Coordination; Juan Pino, Director of the Chilean Communities

Abroad; Alfredo Tapia, Directorate General of Multilateral Policy; Leyla Vásquez, Office of Multilateral

Policy; Carlos Nunez, Deputy Director of Regional Coordination and Monica Andrade, Clerk of the Civil Society

Council 26 .

In other words, the meeting was attended by only 5 representatives from four civil organizations, and 10

officials from the Ministry.

Meanwhile, the Ministry of Defense, "held a seminar last April 22 where representatives of the portfolio related to

the subject of Citizenship reported at 28 organizations attending the relevant aspects of this first instance and how

to integrate" 27 First Council of Civil Society of the Ministry of Defense.

In 2013 the National Board of Health and the respective Regional Health Councils, whom the government charged

them with the task of "structure a proposal of measures and actions to reform the health sector and the

strengthening of the National Health System was created, ensuring access, opportunity and quality of services as

well as progressive care coverage " 28 .

In 2014 the National Council for Children, which is an inter-ministerial committee has "the mission of advising the

President of the Republic (SIC) in anything you say regarding the identification and formulation of policies, plans,

programs, measures created and other activities related to ensuring, promote and protect the exercise of the rights

of children and adolescents at the national, regional and local levels, and serve as the coordinating among agencies

with responsibility for such matters. " 29

One of the latest advice was created in March 2015, the Presidential Advisory Council against conflicts of interest,

influence peddling and corruption, which had 45 days to submit a report on the matters for which it was

established 30 .

Finally, last May the Senate approved the bill that creates the Public Security Community Councils, which will be

composed of "local representatives of the police, prosecution, the Interior, municipalities and members of civil

society organizations" 31 .

In this regard, Undersecretary of Crime Prevention, Antonio Frey, noted that the Council happens to have two

fundamental missions. "The first is to create a Community Plan of Public Security, which will discuss what the major

issues relating to public safety and how they will be addressed. Hence all the institutions undertake to comply with

the plan. The second major objective is that once the plan is endorsed, the Common Council of Public Security

becomes a public document and its mission is to monitor the development of the plan and the fulfillment of the

goals" 32 .

This abridged synthesis, not exhaustive, chronological and systematic, yet realizes a basic and fundamental fact:

In the past 25 years, through various legal bodies, successive governments have created a real state within a

state, formed by these and many other "Councils".

Here's why:

The word and the Council concept comes from Latin consilium, "deliberation, consultation, discussion at a

meeting," and it's consulere verb, "to deliberate together, consult, ask advice, be experienced and a good judge."

From the same root then come the words:

Consul: office or high magistrate to the Roman government, forced to convene the Senate to refer

certain decisions executive. His name is related to consulere by popular etimology.

Consulate: charge of consul.

Consular: related to consul.

Consulting: go for advice.

Consult: ask for advice, usually an expert.

Consulter: person to whom you are going to ask for advice.

Consultant: person seeking advice.

Consultant: a person who gives advice.

Consult: expert in a deliberate, wise, learned field. For example, Jurisconsult: lawyer, who professes

with due the science of law, dedicated particularly to writing and resolve legal questions that are

proposed. “Consultorio”: place where people go for advice. “Inconsulto”: something that has been done without consult.

“Aconsejar”: give advice.

However, as we saw at the beginning, the word "Soviet" (Совет "Concilio") usually translated as "Council" but its

specific etymology derives from latin concilium, Assembly, which is a compound of the prefix -con, "meeting", the

root of the verb calare, "called", with a suffix of result, -ium. Hence derived the words:

Council: a meeting or a formal n to treat an important subject. Reconcile: related to council and join or set according to two different parts. Conciliatory person good to make others agree. Reconcile: fix the deal again. Reconciliation: new agreement of the parties. “Concejal” - Alderman: member of a council or council (for example, the Communal Councils. Councillor: Councillor charge.

To clarify the difference between the two concepts, the Romans said "Consilium post Concilium", ie: "Council after

the Assembly."

As shown, the "Councils" and since Roman times, acted in practice as well as advisory bodies with executive

authority, hence the position of Consul Boss of Government derived from them, which we mentioned above.

Unlike the case of the "councils" or assemblies, which were structured -the meeting called to discuss an issue, that

is, the equivalent of "Cabildos" -either closed or open- that existed in Chile since the founding of Santiago, and that

was precisely the meeting convened appointed the first Board of Governors in 1910.

Indeed, this fact was noted in 1990, in a study of "Latin American Faculty of Social Sciences" FLACSO, an agency of

UNESCO, entitled "The reform of the municipal system proposed by the government," by Hernan Pozo 33 .

The author, in a footnote on page, warned:

"Let's open a parenthesis to indicate that has been criticized in the press the term or concept of" municipal council",

considering that is a redundancy, since the Dictionary of the Spanish Academy in his first three meanings points I

council is" town hall Town Hall "; "Municipality, municipal corporation"; "One of the names given to the

municipality." City Hall, meanwhile, in its third meaning is defined as "composed of a mayor and several councilors

to manage the interests of a municipality Corporation".

Although this is a minor issue, we believe that this criticism is valid and we support, therefore, that the council

simply be renamed council. Supports this position the provisions of Article 20 of the Civil Code: "The words of the

Act shall be construed in their natural and obvious sense, as the general use of the same words," unless the

legislature has given an express definition for certain matters. The national courts have consistently held that

natural and obvious meaning of the words is what appears in the dictionary of the Royal Spanish Academy.

To close the parentheses say that the city council term, however, exists in the legislation of several Latin American

countries such as Colombia, Costa Rica, Ecuador, Panama, Nicaragua and Peru " 34 .

Despite this, until today the Council is called "City Council", and its members are Councillors.

This semantic distinction is important, because during the Russian Revolution, the revolutionaries formed a

parallel government to that of Alexander Kerensky, setting the Petrograd Soviet, based on the soviets peasants

and workers in the large cities, transforming the former "Assemblies" in "Councils".

The "Petrograd Soviet of Workers' and Soldiers Deputies" (Russian: Петроградский Совет рабочих и солдатских

депутатов, "Petrogradsky sovet rabochij i soldátskij deputátov") was relevant because from it came the October

Revolution, which finely lead the Bolsheviks to power.

The first president of the Petrograd Soviet was Menshevik Nikolai Chkheidze, being the former vice

president trudovik Aleksander Kerensky. In March, the Petrograd Soviet issued the "Order No. 1" of crucial

importance for the political period until the October Revolution as stipulated by the Petrograd Soviet authority

and not on the revolutionary provisional government troops, their political freedom and the impossibility of their

being transferred to the front 35 .

Finally, during the "I. Congress of Soviets," the Petrograd Soviet, expanded by the addition of new members, was

appointed Central Authority (executive committee) the national system of soviets, receiving overwhelming

support for his stance conditional support the Provisional Government.

In the summer of 1918 elections, amid the expulsion of the opposition Socialists in the Soviets in Petrograd, the

Bolsheviks made sure to get most, transforming the election in sending delegates from related institutions and

organizations, which will avoiding to lose the election, no longer they determined the composition of the Soviet.

The former elected body became an assembly of officials of state organizations Bolsheviks 36 , ie, again in the

"Council".

In other words, the Russian revolutionaries transformed the Soviets "councils" primitive, that is, the assemblies

(meetings), "Councils", which immediately named executive committees.

Pointed this out, it is then necessary to look again closely at what has been done in Chile.

Although our previous list of "Councils" is neither exhaustive nor systematic, it is quite evident today in the

State of Chile two different structures operate:

On the one hand, there are the "institutions" of the Republic, which are administrative structures to

vertical character, hierarchic, whose powers, functions, responsibilities, limits and authorities, are

established by law, and directly from the Politic Constitution of the state.

Furthermore, the various "Councils" we have mentioned, are by definition or operation, structures to

horizontal character, in their vast majority ay established throw specific laws, supreme decrees, and

of decrees with the force of law, they all emanated from the executive, the various governments that

have been exercising power since 1990.

The power of the Executive to establish these bodies by way of decrees with force of law derived from

the "delegation" made by the legislative power, enshrined in the Constitution, which states: "Article 32.- The

special powers of the President the Republic: No. 3.- To issue, upon delegation of powers from Congress, decrees

with force of law on matters indicated by the Constitution; 37 ".

Noted above, we must stop particularly in the "Councils of Civil Society", which so far "are advisory, are comprised

of diverse, representative and pluralistic manner by members of associations, non-profit related matters and

competition relevant body " 38 .

In this regard, it is possible to ask, by way of example: How does the telethon with the policies of the State of Chile

for Foreign ?; or if the Ministry agrees with the concept of "breaking down the frontiers", as it appears indicated

in the "Mission, Vision and Values" organization "America Solidarity" 39 , both organizations of the "Council of Civil

Society Ministry of Foreign Affairs ", as noted earlier.

Since studying each of the organizations are integrating or are to integrate the above "Council Civil Society"

beyond the scope of this article, since many of these structures have not yet been made, we cannot make a

judgment, much less a value judgment on the composition, nature and characteristics of such organizations.

Moreover, given the short terms that have been taking place for the nomination, selection and election of these

organizations 40, the lack of public information on Social Media on the process 41 , and dispersion of data about its

members, preventing conduct a comprehensive and detailed analysis of the same, and therefore, are practically

invisible to the public, just the opposite of what at least apparently - the law sought achieve.

This is of utmost importance because, supposedly, these organizations represent the "civil society" against the

State (that is, all of us), although probably only a small part of the citizens are informed regarding its members and

powers.

Something similar happens with the "Communal Council of Organizations of Civil Society" , which replaced the

"Social Communal Economic Council (CESCO)", which aims to "ensure the cooperation and participation of the local

community in the economic, social progress and culture of the community " 42 , whose "Directors remain four years

in office and may be reappointed to complete three periods" 43 .

For such advice they are among other functions and powers - "rule on the Public Accounts that the Mayor made

annually of its management; on the coverage and efficiency of municipal services and may request a community

referendum on specific investment community development, approval or modification of the Regulatory Plan and

other issues of interest to the local "community44 . In these structures then the Directors may eventually remain up

to 12 years in office , following a nomination and election process that lasts two months.

Finally, as evidenced by the regulation of most of the "Councils" outlined, largely seeking to "autonomous public

corporations", many with "legal personality and its own assets", and in most cases, shaped in turn by "civil society

organizations".

Given the above, the fundamental question we must then necessarily be answered is:

Under what model or ideological matrix have been establishing these structures within the state?

The 1980 Constitution was established under two fundamental premises: the so-called "principle of subsidiarity"

and "Totality" ENSHRINED have remained the same, despite the changes it has undergone since then.

"While subsidiarity comes from" subsidium " [ "serve as reserve" ] , that is, the support given to another, the

principle of subsidiarity not only indicates a limitation of powers, but also between powers, in the sense that each

society corresponds to a specific authority and it can not be replaced by another, even if it is higher. However,

sovereignty is a quality that the intermediary companies do not have, because they are embedded in a superior

society and derive the validity of its internal rules of a higher law, to which they are subordinate. The upper society,

as such, goes to the bottom as this is part of a whole. You must fill in all that ensure compliance with their

particular end, respecting their autonomy and serving the common good.

Finally, the principle of subsidiarity finds its counterpart in the principle of totality, that is, in the relationship

between government and intermediate companies. The principle of totality states that the part is due to all of this

being good and perfect always greater than the individual good. In this perspective, the principle of subsidiarity

represents the centrifugal force of political society and the principle of totality, the centripetal force. If the principle

of totality is distorted, it disappears the reason for the unit, which is reduced to a conglomerate of individuals or a

whole that destroys the human person. Stability and social peace are achieved when the principles of subsidiarity

and all are in a state of stable "balance 45 .

Both principles establish a vertical -this it is a hierarchy-and a limit to the exercise of Rights. Thus, the sources of

law have a hierarchical organization, and the lower ones are applied alternatively, ie, in the absence of

hierarchically superior sources.

It also flows the "principle of autonomy", which is reflected in the maxim: "So much freedom as possible, as

much authority as necessary" .

The principle of subsidiarity "is presented as an attractive antidote to extreme positions -statist or liberals- about

the behavior of the state in economic, religious or political social life. It gives an easy solution " (nationalize all or

nationalize nothing) 46.

"One of the essential aspects of subsidiarity then, is to emphasize prudential judgment, not ideological when

establishing the admissibility of state intervention. The contrast ratio does not present a specific ideological vision

of things a priori judging what is good or bad for the community to the extent that suits ideology, but the common

good according attended the case " 47 .

Additionally, these principles provide a fundamental criterion, since they comprise the Society Groups

composed as these groups composed of people.

In that sense, the principle of subsidiarity is based on a particular vision of society, consistent with the

fundamental notion of the dignity and rights of every individual human being: it is considered that the company

and the smaller member associations, was created to man reaches his own, from the notion that we associate to

an end than as isolated individuals cannot achieve.

Against these conceptions, deconstructionism as an ideology and as a political praxis asistemismo, understand

"groups and societies."

In this regard, one of the theoretical maximum of this philosophical Felix Guattari "argues that the imperialist

phenomenon system" integrated world capitalism "must be resisted, faced, broken and overcome by power politics

embodied in a strategy of "molecular dissipated revolution" . It is a "territorialization of capitalism on

itself" ."Then, through the affirmation of" flows, territories, machines and universes wish subversion "that is

shifting the domain system" action occurs "and, simultaneously replacing it with a "radical democracy" that in

time will lead to a "renewal of constitutional mechanisms" and a "refounding of democracy." Thus, the action

of"molecular revolution dissipated" promotes social and political transformations to scale and lets you configure

a "new mode of social and political organization" 48 .

Meanwhile, for the neo-Marxist Jürgen Habermas, the most prominent member of the second generation of the

"Frankfurt School"-originally called "Institute for New Marxism" - the "Civil Society" has two main

components: "On the one hand, the set of institutions that define and defend the individual, political and social

rights of citizens and favoring their free association, the opportunity to defend strategic action and market power

and viability of public intervention in the same operation of the system; otherwise it would be all social movements

that continuously pose new principles and values, new social demands, and to monitor the effective

implementation of the rights granted " 49 .

"Thus, civil society has an institutional or passive element, basically defined by the structure of rights contemporary

welfare states , and an active, transforming element constituted by the new social movements " 50 .

In this regard, the engineer of the University of Chile, Andrés Abeliuk Kimelman says in the article "The current

crisis of the Chilean state and its ideology of government, political parties and civil society" 51 :

"The question arises: Are the political parties organizations in a position to guide the resolution of the

crisis? Current organic crisis is not also political crisis, given the institutions and organizations, the parties

themselves? " .

He continues, quoting Antonio Gramsci:

"We need to move the transforming action of the State to the civil society , so that a framework of action within

the structure of the social order in crisis is defined. It isbuilding a new civil society , a new "group of organisms

commonly called 'private', in which the individual is self-governing without this self conflict with political society,

even rather becoming its normal continuation in its organic complement " .

"The challenge is to identify an essential and central activity to guide the new structure of the transforming action,

similarly to how political activity structured and guided the civilization state. The time for change is now " 52 .

Thus, it is clear the ideological foundation of the systematic creation of "councils" composed of the "Civil Society" ,

within the state:

It is the systematic, comprehensive and rigorous establishment of horizontal structures as societies--groups,

within the state, which strictly speaking displace and replace the role of political parties, tend to be those who

act in molecular way, dissipated and even invisible boost large-scale transformations and shape "a new mode of

social and political organization" .

In this sense, the so-called "public demand" for a "constituent assembly" and "New Constitution" is then only

the institutionalization of this "new way of social and political organization" , which is already fully operational

within the State of Chile. This is the fundamental process, the "mechanism" to be used for implementation is

totally secondary.

In this regard, President Michelle Bachelet clearly stated in its report to the country last May 21:

"The task we undertake today will be completed naturally with the drafting and adoption of a new constitution. So I

want to announce that in September, month in Chile, we will begin the constitutional process open to the public,

through dialogues, debates, consultations and councils , which should result in the New Fundamental Charter

fully democratic and citizen , we all deserve " .

To do this, the "Councils" or "Soviets" Chileans are already operating at all levels of government, and all that

remains is to formalize the transfer of forces and institutional transfer of power in the direction and political

control of the State which give them the new Constitution "democratic citizen" .

We will, then, a new "Republic of Councils" 53

.

Notes

1 Law No. 17,288, of February 4, 1970, that "legislates on National Monuments".

2 Decree No. 303, 1971.

3 Llanos Reyes, Eduardo ; "1971-1972: Uprising on the field. People's power versus Decree by the Popular Power Bases " - History Notebooks

No. 30. Universidad de Chile, March 2009. 4 Ibid.

5 DFL No. 1, of July 28, 1993, the Ministry of Finance, published in the Official Gazette dated August 7, 1993.

6 Law No. 19,846, of December 9, 2002, on "Qualification of Film Production".

7 Law No. 19,891, of July 4, 2003, which creates the "National Council for Culture and the Arts".

8 Law 20,285, of April 2009 on "Transparency on Right of Access to Public Information".

9 Law No. 20,370, September 12, 2009 and DFL No. 2-2009, of Education.

10 Law No. 20,405, published on December 10, 2009.

11 See National Human Rights Institute

12 Exempt Resolution No. 1215 of October 12, 2010, Ministry of Finance.

13 Law No. 20,422, which sets rules on equal opportunities and social inclusion of people with disabilities.

14 Law No. 19,300 on General Bases of the Environment.

15 Law No. 20.500 of February 4, 2011, on "Citizen Participation in Public Administration".

16 See Ministry of National Heritage .

17 See Ministry of Finance .

18 See Undersecretary of the Interior Ministry.

19 See Advisory Councils, Ministry of Foreign Affairs.

20 See A Roof for Chile .

21 See American Solidarity: Within its mission, vision and values , Search "overcome child poverty in America developing projects in health,

education and family economic development, led by volunteer professionals. Since the work of these professionals, who engage with the most

vulnerable communities in the continent, we seek to change the looks, transform relationships and generate actions of continental justice -

Expand eyes: we are to globalize solidarity and project cooperation between countries for fairer continent - Breaking down the frontiers :

borders delete knowing and feeling the reality beyond our countries ... "etc . 22

See Human Corporation : "Human Corporation was formed in 2004 driven by a group of feminist women, professionals and human rights

defenders, in order to create a space for action, reflection and advocacy on the institutional development of the country so to contribute to the

deepening of democracy and the inclusion of women. " 23

See "News Corporation closing part" : "PART Corporation has its origin 25 years ago, during the plebiscite would take place in 1988 in Chile to

decide whether Pinochet continued in the government or had to call free elections the year Next " . 24

As I have Law No. 20,500 on Associations and Citizen Participation in Public Management, its regulations and the general rule of this State

Secretariat, approved by Exempt Resolution No. 1452, 2011, the Foreign Ministry decided to appoint nonprofit associations Profit for the

constitution of the Council of Civil Society and not specific individuals, which were fixed by Exempt Resolution No. 1261 of 2013 in this Ministry. 25

See Act III Session of the Council of Civil Society of the Ministry of Foreign Affairs. 26

Ibid. 27

See Invitation to join the Council of Civil Society of the Ministry of National Defense. 28

Supreme Resolution No. 001-2013-SA, dated January 9, 2013 29

DFL No. 21, of March 14, 2014, the National Secretariat Ministry of the Presidency, which created the "National Council for Children". 30

Decree No. 2, March 10, 2015, the General Secretariat of the Presidency, "Believe Presidential Advisory Council against confl icts of interest,

influence peddling and corruption." 31

See "General Senate approves bill creating the Public Security Community Councils" . Undersecretary of Crime Prevention. 32

Ibid. 33

See Pozo, Hernán, "The municipal system reform proposed by the government" , FLACSO, Chile program. Social Studies No. 3, Santiago,

October 1990. 34

Ibid. 35

Tsuyoshi Hasegawa (1972). "The Problem of Power in the February Revolution of 1917 in Russia." Canadian Slavonic Papers 14 (4): 611-633. 36

Brovkin, Vladimir N. (1984). "The Mensheviks Under Attack The Transformation of Soviet Politics, June-September 1918" . Osteuropas

Jahrbücher für Geschichte (English) 32 (3): 378-391. 37

See "Constitution of the Republic of Chile" .

38

See "Partnership and citizen participation in governance" . Library of Congress. 39

See Note No. 20. 40

For example, the following is the schedule for the formation of "Civil Society Council (CSC) of the Ministry of National Defense": STAGE

DEADLINES / DATES - Call to integrate CSC: From April 22 until May 22 - receipt of applications: From April 22 until May 22 - Background Checks

and validation of applications: From 25 until May 29 - Notice to applicants: First week of June - Assembly election of directors: Third week of

June. In total, two months for the entire process. 41

In a brief review of the news available online, a note appears only in the electronic newspaper "El Mostrador": "Segegob Announces New

Council of Civil Society" . 42

See for example, "Community Council of Organizations of Civil Society" of the Municipality of Santiago. 43

Ibid. 44

Ibid. 45

Scott Heinecke, Luis; "Method of Strategic intellection," third edition, INIE Editors, Santiago, 2014. 46

Sagües Nestor Pedro; "Principle of Subsidiarity and Antisubsidiariedad principle", Journal of Public Law, Vol. 1986, No. 39-40, p. 69. 47

Molfino Urbina, Francisco Javier; "The principle of subsidiarity, its foundations and its role in a democratic society". Law and Humanities

magazine, No. 11, 2005, p. 325-335, Note 1. 48

Scott Heinecke, Luis; op. Cit. 49

See Wikipedia. 50

Ibid. 51

Abeliuk, Andrew, "The current crisis of the Chilean state and its ideology of government, political parties and civil society" ; in "The Jewish

Journal", March 15, 2012. 52

Ibid. 53

The "Republic of Councils" Bavarian or "Soviet Republic" of Bavaria (German: Bayerische Räterepublik , also called Münchner Räterepublik ),

or sometimes remembered as the "Council of Bavaria" or "Bavarian Soviet" was a brief revolutionary administration which consisted of a series

of workers' councils, peasants and federal soldiers and a coordinating government that was formed in the German state of Bavaria in late 1918

and early 1919, during the early days of the Weimar Republic after the Country defeat in World War II.