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The plenary session of the Constitutional Court determined today host part of requirement presented by Chile Vamos against the project that sought to penalize the denial of human rights violations committed in Chile.
By 9 votes to 1, the body declared unconstitutional the article of the bill that introduces the denialism concept. In the opinion of the majority of the TC, This should have been approved by a qualified and not a simple quorum, as it is a law that touches the concept of freedom of expression safeguarded in the Constitution.
In another arrangement, he got a draw declaring the article unconstitutional when introduced by an indication other than the main ideas of the project on incitement to hatred. In this case the President María Luisa Brahm he made use of his casting vote.
Last week the court accepted the request presented by parliamentarians from Chile Vamos, for two days after being declared admissible unanimously.
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This time, in a divided decision, the majority of the ministers determined that the debate will be opened to civil society and for this, hearings will be held in which they will participate.
This last decision of the plenary session of the TC had the votes against the ministers Iván Aróstica and José Ignacio Vásquez, who were of the idea of not holding public hearings. However, the majority position prevailed.
The initiative, which seeks to punish in the criminal sphere those who deny human rights violations committed during the dictatorship, is currently in its second legislative process in the Senate. This, after it was approved by the Chamber of Deputies on September 22, where the legislator Camila Flores (RN) made reservation of the constitutionality of the project.
