Where'd ya find that out, Sherlock. Wikipedia?
Actual history, of course, was more complex. Frei was always a leader of the CDP, the center-left opposition party, from 1973 until his death. So of course he opposed the Pinochet government's policies - particularly economic ones - which he disagreed with.
But that does not equate to opposition of the Pinochet government, which Frei participated in very actively. He led the constitutional convention that produced the current Chilean Constitution, all while leading the CDP opposition party. Frei also publicly campaigned for the 1980 constitution referendum - not exactly an act of "strident" political opposition you purport.
It's funny that Frei's politics came up though. I mean, you'd have us believe Pinochet was a mean old dictator who didn't tolerate any political dissent...yet there was an active center-left opposition party operating and participating in the government at the highest levels throughout Pinochet's entire presidency!
What constitution was in effect then?
A functioning constitution in Chile ceased in early 1973 when Allende declared himself able to unilaterally overrule the other 2 branches. So none. Remnants of the 1925 Constitution were still functioning in the Chamber of Deputies, which called for Allende's ouster on August 22nd for his previous violations and refusal to restore the parts he had suspended. Allende's suicide left the military in charge of a dysfunctional government that had no executive branch (all of the cabinet ministers either fled or were arrested as Allendist criminals in their own right) and a power-striken judiciary. The only semi-functioning remnant, the legislature, was controlled by a CDP plurality, that along with the conservatives gave its support to the coup. The military filled the executive branch's absence with a junta consisting of the commanders of each branch and ruled until the Allendist militias were put down in 1974. Pinochet transferred its power into a restored executive branch in December 1974, taking the office of President. He then called the convention to repair and restore constitutional government in 1976. It completed its work in 1979, producing a document built directly upon the 1925 constitution. This was approved in 1980 by a national referendum.
Pinochet did more than arrest a criminal. He seized executive power as well.
Pinochet's office as commander of the armed forces placed him well within the line of presidential succession under Allende. When Allende offed himself he vacated his office. The rest of his cabinet fled or was brought to justice for its own criminality. That left Pinochet the highest ranking official left in the remnants of the government, which is why he was selected president in 1974 over the other generals.
As president of the Senate, Frei preceded Pinochet in the line of succession, according to article 66. You've already established Frei's "non-Allendist" credentials. Assuming that Frei was the highest-ranking official still in the country (or even the highest-ranking "non-Allendist"), it seems that Pinochet violated article 3 by refusing to ceded power to Frei.
Not if Frei endorsed Pinochet and threw his own support behind the military...which is exactly what Frei did.
These were all actions that would limit the power of Pinochet's junta, albeit gradually.
The military filled the executive branch's absence with a junta consisting of the commanders of each branch and ruled until the Allendist militias were put down in 1974. Pinochet transferred its power into a restored executive branch in December 1974, taking the office of President.
All done in violation of the constitution.
A functioning constitution in Chile ceased in early 1973 when Allende declared himself able to unilaterally overrule the other 2 branches. So none. Remnants of the 1925 Constitution were still functioning in the Chamber of Deputies, which called for Allende's ouster on August 22nd for his previous violations and refusal to restore the parts he had suspended. Allende's suicide left the military in charge of a dysfunctional government that had no executive branch (all of the cabinet ministers either fled or were arrested as Allendist criminals in their own right) and a power-striken judiciary. The only semi-functioning remnant, the legislature, was controlled by a CDP plurality, that along with the conservatives gave its support to the coup.
It sounds like you're claiming that the situation justified the coup. Such a claim is in direct violation of article 4 of the constitution: "Ninguna majistratura, ninguna persona, ni reunion de personas pueden atribuirse, ni aún a pretesto de circunstancias estraordinarias, otra autoridad o derechos que los que expresamente se les hayan conferido por les leyes. Todo acto en contravenvion a este artículo es nulo."
Pinochet's office as commander of the armed forces placed him well within the line of presidential succession under Allende.
Oh, okay. Just tell me which article of the constitution placed him well within that line of presidential succession. Because I didn't see any mention of the commander of the armed forces in article 66.
Not if Frei endorsed Pinochet and threw his own support behind the military.
No, you're still confusing "support" with "legitimacy" and "Frei" with "the constitution". It was not in Frei's power to abdicate responsibility in favor of a chosen successor. Pinochet violated articles 3 and 4 of the constitution.