Original article: Justicia le para el carro a las cortes: Gajardo devuelve 34 ternas de notarios y conservadores
In lists prepared by the courts, Minister Gajardo observed frequent occurrences of candidates with familial ties to other judicial officials, a situation that directly contradicts the new conflicts of interest disqualifications that Law No. 21.772 will impose starting in April.
Justice and Human Rights Minister Jaime Gajardo (PC) has returned all 34 nomination lists for notaries and conservators submitted by twelve Appeals Courts across the country.
This decision sends a clear and unequivocal message: the era of appointments based on influence, nepotism, and family connections is over, and the new regulations set to take effect in April will not be ignored.
Gajardo’s determination was not improvised; rather, it was the culmination of numerous unheeded warnings. According to reports from La Tercera, last November, Gajardo had formally communicated to the 17 appellate courts, respectfully requesting that they begin considering the new selection criteria established in the reform of the notarial and registration system (Law No. 21.772).
This legislation, approved by Congress, was designed «under technical principles prioritizing merit and transparency,» according to the written communication. However, the call for compliance was ignored, and the courts overlooked the spirit of a reform aimed at eliminating practices that have faced scrutiny for decades.
Executive Frustration: Nepotism, Families, and Interims
Sources consulted by La Tercera indicate that the contents of the returned lists reflected the very practices the new law aims to eradicate. The Ministry of Justice identified a recurring presence of candidates with familial ties to other judicial officials in the lists put together by the courts, a circumstance that conflicts with the disqualifications imposed by Law No. 21.772 starting in April. Moreover, candidates who are currently acting as interims and multiple individuals appearing across several selected lists were also included.
This repetition of names, rather than being coincidental, was interpreted by the Executive as a maneuver to monopolize appointments and limit the minister’s ability to select the most qualified candidate.
«It is commonly observed that the names of candidates repeat in two or more lists, which obviously restricts the authority delegated to this Minister of Justice and Human Rights to select the most suitable person for the position,» stated one of the return letters sent by the Ministry, as confirmed by the aforementioned media outlet.
Mass Return: Setback for Twelve Appeals Courts
Minister Gajardo returned all nomination lists to the twelve Appeals Courts that had open processes to appoint notarial and registration positions.
The details of the returns illustrate the magnitude of the conflict. The Santiago Appeals Court was asked to review eight lists, corresponding to high public interest contests such as the 5th Notary, the 1st Notary based in Renca, the 24th Notary, the 3rd Notary in La Florida, the 2nd Notary in Huechuraba, the 25th Notary, the 15th Notary, and the 31st Notary.
The issue was not confined to the capital. In the regions, the setback was equally significant. For instance, the Valparaíso Appeals Court received the return of six lists. The San Miguel Court saw three of its proposals rejected, while the Concepción Court had one list returned.
This mass return of lists has created an internal earthquake within the judiciary. According to sources gathered by La Tercera, once Gajardo’s letters reached the courts, court reporters immediately began contacting the Judicial Division of the Ministry, led by Héctor Valladares (PS). Confusion and concern gripped the judicial corridors, and it wasn’t long before some court presidents requested urgent meetings with the minister to resolve the conflict.
Letters Sent by Gajardo
The documents through which the Ministry of Justice justified the return of the lists are key to understanding the Executive’s reasoning. They clarify that the decision is not arbitrary but rather a necessity to align procedures with the future implementation of the law.
«In the past months of the bill’s processing, even after the law was published in the Official Gazette, this State Secretariat has continued to receive lists to fill positions of the mentioned judicial auxiliaries, processes that were handled under the current law, which has caused numerous inconveniences in analyzing the background for the resolution of the respective contests,» reads the letters sent to the courts.
The core of the Ministry’s legal argument lies in the conflict between the current regulations and those set to take effect in April. «Since the currently applied regulations do not include considerations such as relationships or judicial situations, individuals who meet all the requirements of the current law have been included in the lists, yet they could fail to comply with the stipulations of Law No. 21.772, making their appointment inadvisable for the roles of public faith ministers, such as notaries and conservators, in light of the reform,» the documents cited by La Tercera state.
In other words, the Executive refuses to appoint individuals who, in less than two months, could be disqualified from holding the position, which would create legal and administrative instability.
Ultimately, the letters express respect for the competencies of the Judiciary while also defending the powers of the Executive.
«Without prejudice to subscribing to the utmost respect for the competencies of the Judiciary, it has been deemed appropriate, according to administrative jurisprudence, to inform Your Honor about this situation, as it is considered a relevant piece of information that should be known by this Honorable Court in order to potentially reconsider the composition of the lists, ensuring that they include individuals who best meet the standards established in Law No. 21.772 referenced above.» With this, Gajardo places the responsibility back on the courts, urging them to correct their course.
A Reform that Changes the Rules of the Game
Minister Gajardo’s action cannot be understood without the context of Law No. 21.772, published in the Official Gazette on October 1, 2025, which will come into full effect on April 2, 2026. This regulation introduces structural changes to the system. The most significant change is the elimination of Appeals Courts’ participation in appointments, replacing the old nomination system with a selection process governed by the High Public Management (ADP) standards. Starting in April, the ADP Council will send the President of the Republic a list of the three highest-scoring candidates after standardized technical assessments for appointments through a legally substantiated decree from the Ministry of Justice.
Furthermore, the new law includes stricter disqualifications due to relationships, prohibiting the appointment of individuals related by marriage, civil union, or kinship up to the third degree with a long list of political and judicial authorities, including ministers and prosecutors from the Appeals Courts themselves. It is precisely this new scenario that Minister Gajardo aims to anticipate, preventing the appointment of individuals who would not even be able to apply in a couple of months.
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