President José Antonio Kast has enacted a constitutional reform that integrates Chile's Gendarmerie into the nation's Law and Security Forces. The measure formalizes the institution's transfer from the Ministry of Justice and Human Rights to the Ministry of Public Security.
This structural shift means the Gendarmerie will now hold constitutional status, moving beyond its previous status as a mere statutory public service. Its functions, principles, and very existence will now be directly protected by the Constitution.
Public Security Minister Trinidad Steinerm assured that a committee of experts will oversee every stage of the process to ensure technical rigor and a long-term state vision. "Our commitment is clear: to advance national security, safeguard the dignity of those deprived of their liberty, and strengthen the work of those serving within the prison system," the minister stated.
New structure and institutional oversight
The reform establishes a division of duties between government departments. While prison custody will fall under the command of Public Security, responsibility for social reintegration will remain with the Ministry of Justice.
The plan aims to provide the institution with the resources typical of a law enforcement agency to bolster security within correctional facilities. Additionally, it seeks to more effectively combat organized crime operating from within prisons through close coordination with other security agencies.
Regarding personnel, recruitment will be handled exclusively through the agency's own academies, with the exception of professional ranks and civilian employees as defined by law. Appointments, promotions, and retirements of officers will be carried out via supreme decree.
Juan Ignacio Nicolosi, an academic from the Universidad de los Andes, noted that centralizing security, criminal prosecution, and incarceration under a single structure offers a strategic advantage in controlling criminal activity. However, he warned of the risk of "cross-contamination" if corruption issues within the Gendarmerie spread to other institutions.
"The cases of corruption we have seen in the Gendarmerie are quite serious," Nicolosi emphasized, suggesting that this coordination must be accompanied by higher oversight standards to prevent the weaknesses of one agency from impacting the rest of the system.
The reform also addresses union autonomy. Nicolosi suggested that the new institutional framework could regulate the role of staff associations, arguing that strikes are illegal for state employees and that security institutions must prioritize their duties over union interests.