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March 21, 2023
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Miguel Ángel Fernández: the right-wing vote in the TC that rejected Chile’s request Let’s go against pardons

The Constitutional Court (TC) resolved to reject the two unconstitutionality requests presented by the opposition against seven of the 13 pardons granted by President Gabriel Boric to those convicted in the context of the social outbreak. This represents a triumph for La Moneda, which has closed the controversy that arose three months ago with the issuance of the presidential decree. The key vote from one of the TC ministers, Miguel Ángel Fernández, was totally unexpected.

Despite having been appointed by former President Sebastián Piñera to integrate the TC, Fernández rejected one of the opposition’s requests against pardons. In addition, he had previously been a representative of the senators of Chile Vamos in the debate on the decriminalization of abortion, a defense attorney for SQM’s interests in conflicts with indigenous communities over its action in the salt flats, and a supporter of the rejection of the third 10% withdrawal. of the AFPs.

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The lawyer and academic from the Catholic University voted in line with the current president of the organization, Nancy Yáñez, who was appointed by President Gabriel Boric, and with the ministers Nelson Pozo, María Pia Silva, Rodrigo Pica and Daniela Marzi, in relation to the requirement regarding the particular pardons granted to Bastián Campos, Claudio Romero, Felipe Santana and Brandon Rojas.

On the other side of the sidewalk, in the aforementioned cases, the ministers Cristián Letelier and José Ignacio Vasquez were ready to accept the requirements of the opposition.

It is worth mentioning that yesterday in the Government they considered that the best scenario was 5/3 and today the result surprised with 6/2.

However, in relation to the particular pardons granted to Jorge Mateluna, Luis Castillo and Jordano Santander, President Nancy Yáñez and Ministers Nelson Pozo, María Pía Silva, Rodrigo Pica and Daniela Marzi were in favor of rejecting the requirements.

In turn, in such cases, Fernández was for accepting the requirements of the opposition, together with the ministers Cristián Letelier and José Ignacio Vásquez.

Fernández’s career in the TC began in July 2018 when he was appointed by Piñera to integrate the court. With a conservative profile, he has been the right hand of the former head of the TC during the previous government María Luisa Brahm, being in favor of curbing the proceedings initiated against him for mistreatment and workplace harassment.

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