The Corte de Apelaciones de Puerto Montt (Puerto Montt Court of Appeals) on Tuesday upheld the desafuero, or lifting of parliamentary immunity, of Senator Miguel Ángel Calisto. All three judges voted in favor, with no votes against. The investigation concerns alleged fraud against the state treasury in the Región de Aysén (Aysén Region).
According to BioBioChile, the appeals court's decision allows the criminal investigation against the lawmaker to move forward.
According to El Desconcierto, the case involves the alleged payment for multimillion-peso external legislative consulting services with funds from the Cámara de Diputados (Chile's lower house of Congress). The sources do not specify the amount involved.
The desafuero strips the lawmaker of the immunity granted by the Constitution. This allows the Ministerio Público, the body that leads criminal investigations, to look into the facts and formally charge him under the same rules that apply to any citizen.
Calisto had already lost his immunity once before. That happened in late September 2025, by ruling of the Corte Suprema, when he was still a deputy for Aysén. That decision left him unable to vote, legislate, attend sessions or take part in debates in the Cámara.
However, at that time he was also a candidate for the Senado (Chile's upper house). He won a seat in the November 2025 parliamentary elections and, on taking office as senator, regained his immunity. The Fiscalía (public prosecutor's office) had to start the judicial process over again.
The case leaves an open question about how parliamentary immunity is designed. A lawmaker stripped of immunity can regain it by moving to the other chamber, which forces the process to be repeated and extends the investigation's timeline.
The Puerto Montt ruling is not yet final. Calisto can appeal to the Corte Suprema, the last instance to reverse the decision and regain his immunity. So far, the sources do not report whether his defense will file that appeal.