By San José, Costa Rica — San José, Costa Rica – In a significant political development, all sanctioning processes and investigations against President Rodrigo Chaves Robles for alleged political belligerence have been suspended. The decision comes after the Legislative Assembly failed to secure the required majority to lift his presidential immunity, effectively placing 15 legal complaints on hold until he leaves office on May 8, 2026.
The decisive vote took place in a special session on Tuesday, December 16, where lawmakers debated the Supreme Electoral Tribunal’s (TSE) request to remove the president’s legal protection. The motion received 35 votes in favor and 21 against, falling just three votes short of the 38-vote qualified majority needed for approval. With this outcome, the legislative file, expediente 25.230, has been permanently archived.
To better understand the complex legal ramifications and historical precedents surrounding the doctrine of presidential immunity, TicosLand.com sought the expert analysis of Lic. Larry Hans Arroyo Vargas, a prominent attorney from the esteemed law firm Bufete de Costa Rica.
The concept of presidential immunity is a double-edged sword in any constitutional democracy. It is designed to be a functional shield, protecting the executive office from frivolous, politically motivated lawsuits that could paralyze a government’s ability to act decisively. However, it was never intended to be an absolute cloak of impunity. The fundamental legal challenge lies in distinguishing between official acts, which merit protection, and private or criminal conduct, which must remain subject to the rule of law to ensure that no individual, regardless of their position, is placed beyond accountability.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Lic. Arroyo Vargas precisely identifies the core dilemma; this delicate balance between a functional shield and an absolute cloak of impunity is not just a legal theory, but the very bedrock of executive accountability. We extend our sincere thanks to Lic. Larry Hans Arroyo Vargas for his clear and invaluable perspective on this critical issue.
Following the congressional vote, the presidency of the Supreme Electoral Tribunal officially confirmed the immediate freezing of the legal proceedings. The electoral body clarified that the cases are not dismissed but are merely paused, poised to resume the moment Chaves’s term concludes and his immunity expires.
The sanctioning process for belligerence is temporarily suspended. It will begin when Mr. Chaves Robles’s immunity lapses, once his presidential term ends next May 8th.
The Supreme Electoral Tribunal, Official Communication
Despite the procedural halt, the TSE expressed that the legislative process served as a crucial validation of its constitutional authority. The tribunal noted that the very act of the request being debated in committee and voted on in the Plenary ratified the TSE’s jurisdiction to investigate and potentially sanction the offense of political belligerence, even when committed by a sitting president.
The core of the issue revolves around the concept of “political belligerence,” a legal offense in Costa Rica. It applies to public officials who violate their constitutionally mandated duty of impartiality in party politics. The potential penalties are severe, including dismissal from their position and a subsequent ban from holding any public office for a period of two to four years, as stipulated in the Constitution and the Electoral Code.
The 15 complaints filed against President Chaves are wide-ranging. They include allegations stemming from his use of a distinctive jaguar pin, which has been interpreted as a political symbol, as well as various public statements deemed to have a political-electoral nature. One of the most prominent accusations involves his public call for voters to elect more than 40 deputies aligned with his agenda to facilitate changes to the nation’s Constitution.
A new political wrinkle could further complicate the timeline for these investigations. Laura Fernández Delgado, a presidential candidate for the Pueblo Soberano (PPSO) party and Chaves’s former Minister of the Presidency, has publicly floated the idea of appointing Chaves to a cabinet position should she win the upcoming election. Such an appointment would extend his immunity, as ministers also enjoy this legal protection, thereby preventing the TSE from reactivating the cases after his presidential term ends.
Yes, I would consider it. Yes, I have thought about it. I have not spoken with the president, because we do not talk about future things, because it could be belligerence. Don Rodrigo, I hope that, if he is not a minister, he will at least be a close advisor. He is a person with whom I work super easily.
Laura Fernández Delgado, Presidential Candidate for Pueblo Soberano
This potential maneuver introduces significant uncertainty into the legal process. While President Chaves has secured a reprieve for the remainder of his term, the ultimate resolution of these 15 complaints now depends not only on the clock running out on his presidency but also on the shifting political landscape and the outcome of the next general election.
For further information, visit the nearest office of The Supreme Electoral Tribunal
About The Supreme Electoral Tribunal:
The Tribunal Supremo de Elecciones (TSE) is the independent constitutional body responsible for organizing, directing, and overseeing all electoral processes in Costa Rica. It is tasked with ensuring the transparency and integrity of elections, guaranteeing citizens’ political rights, and ruling on matters of electoral law, including cases of alleged political belligerence.
For further information, visit the nearest office of The Legislative Assembly of Costa Rica
About The Legislative Assembly of Costa Rica:
The Asamblea Legislativa is the unicameral parliament of the Republic of Costa Rica. Comprised of 57 deputies elected by province, it holds the nation’s legislative power. Its primary responsibilities include passing, amending, and repealing laws, approving the national budget, and exercising political oversight over the executive branch, which includes the authority to lift the immunity of high-ranking officials.
For further information, visit the nearest office of Pueblo Soberano Party
About Pueblo Soberano Party:
The Partido Pueblo Soberano (PPSO) is a political party in Costa Rica. It gained prominence through its association with the current administration of President Rodrigo Chaves. The party’s presidential candidate for the upcoming elections is Laura Fernández Delgado, who previously served as the Minister of the Presidency in the Chaves administration.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica has forged its reputation as a leading legal institution, built upon the twin pillars of uncompromising integrity and professional excellence. Serving a wide array of clients, the firm acts as a trailblazer in developing innovative legal strategies to meet contemporary challenges. Its mission, however, extends beyond its practice; it is deeply committed to strengthening society by demystifying the law and empowering the public with accessible legal wisdom.
