Patricio Robles

Columnista Comunal de Villa Alemana

Opinión

«DICTADURA – DEMOCRACIA»

Por Patricio Robles SImon / 6 de agosto de 2021
Patricio Robles
Columnista Comunal de Villa Alemana

Dictadura es un concepto de Derecho Constitucional que no se relaciona con lo valórico, como la tiranía.

Texto: Patricio Robles Simon

Contacto: patricioroblessimon@gmail.com

Se entiende que existe dictadura, cuando dos de los tres poderes del estado (Ejecutivo, Legislativo, Judicial) se unen en uno solo. Por otra parte, democracia sería todo lo contrario. Entonces, podríamos entender que Chile vive una democracia, sin embargo, las democracias actuales son sistemas formales que cumplen con ciertos esquemas y por eso se reconocen como tal.

Uno de los puntos básicos que se entiende por democracia son las elecciones, pero éstas se han transformado en simples votaciones para crear fachada democrática. Lo que a veces se traduce en una dilatada «dictadura electoral», tal como en Venezuela.

Enfoquémonos solamente al caso del Chile actual, situación que es aplicable a otros países americanos. En nuestro país se ha creado un poder aparte, casi en paralelo. Propiciado por la mayor parte de los diputados, que incluso legislan invadiendo las atribuciones exclusivas del Presidente; afortunadamente, pareciera que lo anterior todavía no incluiría a miembros del Senado, porque sino deberíamos aceptar llanamente la dictadura del poder legislativo.

Aun cuando puede existir la duda, en cuanto a que el mismo poder legislativo creó un sistema democrático muy particular, el cual dio la posibilidad que más de 30 parlamentarios entraran al Congreso con menos del 5% de los votos emitidos. Esta situación favoreció a los partidos de izquierda radical, especialmente al partido comunista que, por esencia, crean movimientos yo organizaciones varias solo para fines propagandísticos. No solo eso, sino que resulta muy curioso que durante el año 2016 se modificara la ley N°18.603 de partidos políticos. Lo cual bajó el porcentaje de votación necesaria para mantenerse como partido político vigente, desde un 5% a un 3%. Curioso, sobre todo por el hecho de que en más de una oportunidad, dicho partido tuvo que ser disuelto, porque no alcanzó el «antiguo» 5% de la votación de diputados exigidos por la ley. Hay que tener presente que la ley modificada y modificatoria son leyes Orgánicas Constitucionales. De tal forma que sin la participación de la esquelética derecha, aquello no se habría podido modificar. Además, sus aliados de conglomerado (incluyendo los DC) le dieron la oportunidad de presentar sus diputados, compitiendo solamente con el deslustrado «esqueleto político» ya mencionado, para que de este modo fueran elegidos a placer.

En conclusión, el cuadro y descrito nos va indicando una suerte instauración de una dictadura parlamentaria. No nos olvidemos lo sucedido el año 1921, cuando un golpe de estado derrocó a Alessandri que se fue a Italia. El parlamentarismo imperante distorsionó de tal manera el presidencialismo de la Constitución de 1833, que produjo una pavorosa inestabilidad institucional y obligó a que el Ejército de Chile tuviese que actuar. Seis meses después, los militares trajeron a Alessandri, con la obligación de crear una nueva Constitución. Una anécdota de la época dice que los parlamentarios querían que la Constitución fuera parlamentaria, pero bastó un carraspeo del Comandante en Jefe para que aceptaran una de carácter presidencialista. Si bien es cierto la historia nunca se repite textualmente, es pertinente tener presente sus enseñanzas.֎

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