El Ciudadano
The Court of Appeals in Copiapó dismissed a request on Tuesday, May 12, from the former director of the Atacama Local Education Service (SLEP), Daslav Mihovilovic Pérez, to strip former President Gabriel Boric of his immunity, rejecting the case concerning «serious public defamation».
In January 2026, then-Education Minister Nicolás Cataldo requested Mihovilovic’s resignation following revelations regarding the extravagant fifth-anniversary celebration of SLEP Atacama at the Luckia Casino in Copiapó. The event featured a luxury limousine, 360-degree cameras, lighting displays, cakes, and alcohol, all set against a backdrop of significant layoffs and reduced hours for teachers.
During an official event in Atacama, Boric remarked, «Good that we removed the SLEP director because I have never met a more irresponsible person… one of the biggest irresponsibilities I have ever seen,» prompting the former director to file a legal complaint.
Ultimately, in a unanimous decision (case role 216-2026), the First Chamber of the Copiapó court rejected the action, citing that the alleged behaviors attributed to the former president and the evidence presented did not meet the necessary standard for convicting him of a crime or stripping him of his protective immunity.
The ruling states, «Regarding the phrase deemed defamatory, namely, ‘good that we removed the SLEP director,’ it is a critical comment on the complainant’s management in a role of exclusive trust, and it does not reveal the subjective element required by Article 416 of the Penal Code to consider that the remark aimed to dishonor him.»
The court elaborated, «Considering that the controversial anniversary of the Atacama Local Education Service took place on January 9, 2026, and that on January 11, 2026, the minister of education requested the director’s resignation due to the role’s trust nature, alongside an ordered audit for possible use of public resources; the resignation occurred on January 12 of the same month and year, and on January 14 of this year, an investigation was initiated by the Public Ministry regarding the same party to examine its funding.»
The ruling further adds, «Indeed, it is apparent that the defendant merely intended to criticize the performance of Mr. Mihovilovic Pérez during his tenure as acting executive director of the Atacama Local Education Service, especially concerning an anniversary celebration considered broadly controversial and triggering a variety of criticisms shortly before the critical comments were made by the immunity holder.»
«In other words,» the ruling continues, «this is a critique of the complainant’s performance focused on the organization of a public education service anniversary, which was labelled by the then-President of the Republic as ‘one of the biggest irresponsibilities I have ever seen.’»
According to the Copiapó court, «the expressions made by the immunity holder, due to their nature and the objective context in which they were declared, cannot constitute the crime of serious public defamation, as there is a lack of the required typicality element, given that there is no animus injuriandi, since the one who made those statements was precisely the person who ultimately had to answer to the public regarding Mr. Mihovilovic Pérez’s management as the organizer of that anniversary celebration, as the acting executive director of a public education service appointed by Mr. Boric Font as per Decree No. 32 of the Ministry of Education dated February 12, 2025.»
«Indeed, in the context, social framework, and specific situation mentioned above, in which the expression was made, it is considered that there is animus criticandi, which excludes the special intent to insult and negates the required subjective element demanded by Article 416 of the Penal Code. Thus, it follows that the allegation made by the complainant lacks the necessary plausibility to form a case against former President Gabriel Boric Font due to lack of typicality,» emphasizes the ruling.
Review the full ruling HERE
El Ciudadano
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