50. The Civil Procedural Code provides for court-ordered enforcement measures: Art. 238. For compliance with judgments not covered by the foregoing articles, the trial judge shall order measures to bring about compliance, which may include fines not to exceed a monthly tax unit, or up to two months of incarceration, at the discretion of the court, which does not preclude subsequent recurring orders for compliance.51 51. In the particular case of mayors, the enforcement measure was covered under Article 32 of Law 18,695, Constitution of Municipalities, which was amended by 2002 Law 19,845, limiting this means of enforcement: Article 32. Municipal assets allocated for the operation of municipal services, and moneys in term deposits or current accounts, may not be sold or disposed of. The execution of any verdict against a municipality shall be conducted by means of a mayoral executive order. In all cases involving judgments decided by means of trials that order debt payment by a municipality or municipal corporation, when an arrest is called for as established in Article 238 of Civil Procedural Code, this measure shall apply only for the mayor in whose term of office the debt giving rise to the trial was incurred.52 A.2. Municipalization of education in Chile 52. Public education experienced profound intervention the 1980’s under the military dictatorship that began in Chile on September 11, 1973. The concept of “state as educator”53 was replaced by a subsidiary role for the state, and policies were promoted to devolve education, that is, transfer responsibility from the state to local governments. This did not, however, entail a greater transfer of power to the municipal governments or greater citizen participation.54 The management of public school facilities was thus transferred from the central government to the country’s municipal governments, a financing system was introduced by means of a monthly perstudent subsidy, and an “education support” position was created to be answerable to the state for managing each school. 53. The transfer of education to the municipalities took place as part of the implementation of the 1979 municipal revenue decree-law 3,063 and its enabling regulations under 1980 decreelaw 1-3,063 (supra para. 46). This municipalization included the transfer to municipal governments of equipment, buildings and personnel employed in the preschools, elementary schools, and secondary schools of the Ministry of Education. The teachers, under the terms of Article 4 of decree-law 1-3,063, remained subject to the Labor Code, and their retirement plans and compensation and salary adjustment systems would be governed by the same rules applicable to the private sector. 54. The transfer was implemented gradually, and by April 1982, 85 percent of all the nation’s schools had been transferred to 287 municipalities. The process needed to be paused when a 51 Civil Procedural Code of Chile, Law 1552, Book I, section XIX (evidence file, folio 17980). 52 Municipal Constitutional Law of Chile. Law 18,695, amended by Law 19,845 of December 14, 2002 (evidence file, folio 3084). This “state as educator” is defined in the report of the special legislative committee of the Chamber of Deputies on the “historical debts” as the “State’s governmental and constitutional obligation to provide the right to education through teachers who were public employees, therefore subject to the provisions of the Administrative Code of the time, 1960 decree-law No. 338, that contained special provisions and a full chapter on teachers.” (Chamber of Deputies of Chile. Report of the Special Committee on the “historical debts.” Legislature No. 357, Session 65, August 12, 2009–special of 6:03 PM to 8:14 PM–evidence file, folio 16). 53 Cf. National Library of Chile. “Descentralización de la educación,” article available at http://www.memoriachilena.gob.cl/602/w3-article-93243.html (cited by the representatives in their brief of pleadings, motions and evidence, folio 113). 54 18