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since 2009
Saturday, October 31, 2026

Chile Latin America

Chile Replaces Deputy Justice Minister Silva

By · October 31, 2026 · 8 min read
La Moneda Presidential Palace in Santiago, a white colonial-style building with a Chilean flag above a fountain
File photo, 2019. La Moneda Presidential Palace in Santiago, the seat of the Chilean presidency. (Photo: Dennis G. Jarvis, CC BY-SA 2.0, via Wikimedia Commons)

CHILE · POLITICS

Key Facts

  • The country Chile is a copper-rich South American democracy led since March 2026 by conservative President José Antonio Kast, who has aligned the country with Washington.
  • Why it matters The first departure from the Kast government in a two-week crisis over shortened prison sentences tests the political stability that US investors and allies count on.
  • Why now The deputy justice minister left on the afternoon of Friday 30 October 2026, a day after he posted a video that put responsibility on his own minister.
  • What happened Kast replaced Deputy Justice Minister Luis Silva with lawyer Josefina Soto amid the row over decrees that cut the sentences of 56 convicts, and prosecutors opened an investigation into Silva and Justice Minister Fernando Rabat.
  • What it means for you For US investors and companies in Chile, the crisis is a gauge of how firmly Kast controls his cabinet, with a constitutional accusation against Rabat expected in Congress next week.
  • Still open Whether Rabat keeps his post, whether the 56 decrees can be reversed and what the prosecutors and the courts will decide.
  • Power Index Chile ranks 3rd of 14 in The Rio Times Latin America Power Index, with 63.6 points (October 2026 edition).

In Plain English

The subsecretario de Justicia, or deputy justice minister, is the second-ranking official of the Ministry of Justice and signs decrees when the minister is absent. A constitutional accusation is Chile’s form of impeachment, in which the lower house votes to charge a minister and the Senate then decides on removal.

The Ministerio Público is the independent prosecutors’ office, and the Defensoría de la Niñez is the state ombudsman for children. An amparo is a court petition that asks judges to protect a person’s liberty or security against an act of the state.

Chile‘s President José Antonio Kast replaced Deputy Justice Minister Luis Silva on the afternoon of Friday 30 October 2026 and named lawyer Josefina Soto to the post, the first change in his government in a two-week crisis over shortened prison sentences. The presidential press office said Kast accepted Silva’s resignation, while Diario Financiero and Cooperativa reported that Kast removed him after a video he posted without authorization.

Silva signed some of the 56 sentence-reduction decrees as acting minister, and he left his post a day after posting a video that, in the words of Diario Financiero, put the responsibility on Justice Minister Fernando Rabat. Kast has aligned Chile with Washington, so the question for US investors is whether he can contain the crisis before a constitutional accusation against Rabat reaches Congress.

What Happened on Friday

The presidential press office announced that Kast accepted the resignation of Luis Alejandro Silva Irarrázaval and appointed Soto, and it thanked him for his work and dedication. Diario Financiero wrote that the departure was decided by the president and his closest circle after consultations at the presidential palace.

Soto is a lawyer of the Pontifical Catholic University of Chile, where she taught administrative law from 2006 to 2018. The press office’s biography also lists work as a regulatory lawyer at the firm Arteaga, Gorziglia and Cía from 2014 to 2018, a seat on the 2023 admissibility committee of the constitutional process and a post at the Ideas Republicanas study center from 2022 to 2026.

The departure followed a video that Silva posted on Thursday 29 October 2026, in which he said he signed some decrees only as acting minister and was applying the criterion set by Rabat himself. La Moneda, the presidential palace, was surprised by the video, and Diario Financiero wrote that Rabat was equally taken aback.

Silva said on Friday that the video was meant to inform the public, and he confirmed that he had not asked for authorization to record it. Rabat thanked Silva on X that evening for his work, commitment and loyalty.

The Sentence Cuts Behind the Crisis

The crisis began when it became known that the Justice Ministry had issued 56 decrees that shortened the sentences of people convicted of sexual crimes against children, and the government has said most of the beneficiaries are already free. Silva’s own defense of the decrees on 29 October is covered in an earlier report on his defense of the decrees.

Deputies Luis Cuello of the Communist Party and Juan Santana of the Socialist Party filed a criminal complaint on Monday 26 October 2026 for administrative prevarication under article 228 of the Penal Code, arguing that the decrees broke the limits that Law 19,856 sets for convicts of sexual crimes against minors. Cooperativa reported that the Ministerio Público confirmed in a statement that National Prosecutor Ángel Valencia forwarded the file on Thursday and that prosecutor Francisco Jacir leads the inquiry into whether the facts amount to a crime.

Cuello wrote on social media that Rabat and Silva now hold the status of imputados, a Chilean legal term for people named in a criminal investigation. The Ministerio Público itself said the inquiry will determine whether the facts amount to a crime and what criminal responsibilities may follow.

Rabat has ruled out resigning and has said his actions followed the Constitution and the law, although he acknowledged a failure in the political assessment of the decisions. Cooperativa wrote that Kast had taken political responsibility for the government, kept Rabat in his post and announced a suspension of new processing and a review of the benefits already granted.

The Palace of Courts in Santiago, a grey stone courthouse with columns and a Chilean flag, seen from the plaza
File photo, 2017. The Palace of Courts in Santiago, where the Court of Appeals that received the ombudsman’s petition sits. (Photo: Felipe Restrepo Acosta, CC BY-SA 4.0, via Wikimedia Commons)

How Lawmakers and Children’s Advocates Reacted

Socialist deputy Juan Santana called the exit the minimum after signing cuts for child abusers and said the government cannot use Silva as a fuse to save Rabat. Santana put the number of decrees signed by Rabat at 22, the most of any official.

Christian Democrat party president Álvaro Ortiz said the measure came late but that the government had finally realized the pair were harming Chile, while senator Rojo Edwards said Silva’s exit eased tension inside the governing bloc. Frente Amplio leader Gael Yeomans said that Kast removed Silva for a video made without notice while Rabat stays in his post.

The children’s ombudsman’s office, led by Anuar Quesille, filed an amparo with the Santiago Court of Appeals on Friday, asking judges to declare the 56 decrees illegal and arbitrary and to void them. The petition argues that the decisions did not weigh the best interest of the victims and that the ministry earlier held the opposite reading of the law, backed by Supreme Court rulings.

What Happens Next

Diario Financiero reported that a constitutional accusation against Rabat is due to be filed in the lower house next week. Silva’s last appearance alongside Rabat was a meeting with Senate president Paulina Núñez, which Diario Financiero says was to schedule special sessions next week for a bill that would end sentence reductions for sexual and human rights crimes.

Opposition deputy Raúl Soto, who leads the PPD party, said Rabat remains in the government and remains backed by Kast. Kast’s government has also joined the Shield of the Americas, a US-led security pact.

What It Means for You

For US investors and companies with exposure to Chile, the crisis matters as a gauge of how firmly Kast controls his cabinet, since a ministerial impeachment fight would absorb Congress in the weeks ahead. The dispute concerns prison sentences and ministry decrees rather than economic policy, public order or travel conditions.

Anyone following the story should watch the Court of Appeals decision on the ombudsman’s petition and any lower house vote on an accusation against Rabat. Diario Financiero wrote that the accusation would have the backing of some deputies from the governing bloc.

What Is Not Known

Diario Financiero lists human rights violations among the offences covered by the decrees, while the ombudsman’s office, Cooperativa and the complaining deputies describe all 56 as sexual crimes against minors, and it is not known how many convicts have left prison. It is also unclear whether the granted reductions can legally be reversed.

The outcome of the prosecutors’ inquiry and of the Court of Appeals petition is unknown, as is whether the accusation against Rabat will be filed next week and whether it can win a vote. The presidential statement gave no reason for the change, and while Cooperativa and Diario Financiero tie it to the video, it is not known whether the sentence cuts also played a part.

Frequently Asked Questions

Who is Luis Silva?

Luis Silva was Chile’s deputy justice minister, the second-ranking official of the Ministry of Justice, until he left the post on Friday 30 October 2026. He had signed some of the sentence-reduction decrees as acting minister.

Why did Chile’s deputy justice minister leave?

He left in the middle of a crisis over decrees that cut the sentences of 56 convicts, a day after he posted a video without telling Rabat. The presidential statement said Kast accepted his resignation and gave no reason.

Who replaced Luis Silva?

Lawyer Josefina Soto was named deputy justice minister on 30 October 2026. She previously worked as a regulatory lawyer and at the Ideas Republicanas study center.

Is Justice Minister Rabat under investigation?

The Ministerio Público opened an investigation into both Rabat and Silva after a complaint by two opposition deputies. Rabat has ruled out resigning and says his actions followed the Constitution and the law.

Can the sentence cuts be reversed?

The children’s ombudsman asked the Santiago Court of Appeals on 30 October 2026 to declare the 56 decrees illegal and void them. No ruling has been reported.

Sources: Defensoría de la Niñez, amparo petition, 30 October 2026; Diario Financiero, Kast removes Silva, 30 October 2026; Cooperativa, Silva leaves his post, 30 October 2026; Cooperativa, Josefina Soto named deputy minister, 30 October 2026; Cooperativa, prosecutors open investigation, 30 October 2026; Cooperativa, ombudsman files amparo, 30 October 2026; Cooperativa, parliamentary reactions, 30 October 2026.

This article was produced by The Rio Times’ automated newsroom system. How we use AI · Report an error · Editorial responsibility: Matthias Camenzind, Editor-in-Chief

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