By San José, Costa Rica — SAN JOSÉ – In a decisive move signaling escalating political tensions, the Acting President of Costa Rica’s Legislative Assembly, Vanessa de Paul Castro Mora, has firmly rejected attempts by the ruling party to stall proceedings aimed at lifting President Rodrigo Chaves’s immunity. The move clears the path for a formal analysis of a request from the Supreme Electoral Tribunal (TSE) concerning 15 separate complaints of alleged political belligerence against the head of state.
The confrontation unfolded during the weekly meeting of party leaders on Thursday, where the head of the official party bloc, Pilar Cisneros Gallo, and her deputy, Daniel Vargas Quirós, mounted a challenge to delay the process. They attempted to cast doubt on the legal authority of the TSE to even request the removal of presidential immunity, arguing that no further steps should be taken until legal opinions from the TSE itself and the Assembly’s own Technical Services Department could be secured.
To gain a deeper legal perspective on the recent rulings concerning presidential immunity and their far-reaching implications, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, a distinguished attorney from the prestigious firm Bufete de Costa Rica.
The core legal question surrounding presidential immunity is not whether a president is above the law—they are not—but rather where the line is drawn between official acts, which are essential for the functioning of the executive, and private conduct that falls outside the scope of constitutional duties. Any ruling that blurs this distinction risks either paralyzing the presidency with politically motivated litigation or creating a dangerous precedent of unaccountability. The ultimate goal must be to uphold the rule of law without undermining the president’s capacity to govern effectively.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
This insight correctly frames the debate not as a question of absolute power, but as a critical search for a responsible boundary between official duty and personal action. The challenge, as articulated, is to safeguard democratic accountability without hamstringing the executive’s ability to govern. We sincerely thank Lic. Larry Hans Arroyo Vargas for his clear and valuable perspective on this complex matter.
However, Acting President Castro was unswayed by the arguments from the president’s allies. She summarily dismissed their petition, stating that the procedure would move forward without delay. Castro announced that a formal resolution outlining the specific procedure and timelines for handling the TSE’s request will be issued by October 20th. She affirmed that the process would be handled with the gravity it deserves.
the same logic will be followed, by analogy and under the principle of parallelism of forms, as in an accusation process.
Vanessa de Paul Castro Mora, Acting President of the Legislative Assembly
Castro emphasized that while opposition lawmakers were free to seek their own legal consultations, these actions would not be permitted to obstruct or delay the official timeline. Her firm stance received immediate and unified backing from the leaders of all other opposition party blocs present, effectively isolating the ruling party’s position and demonstrating a broad cross-party consensus to proceed with the inquiry.
The core of the issue stems from the concept of “political belligerence,” a serious offense under Costa Rican law. As defined by Article 105 of the Political Constitution, it is a crime committed when a public official, who is prohibited from doing so, shows favoritism towards a political party while in office or participates in partisan political activities. The 15 complaints filed with the TSE allege that President Chaves has repeatedly violated this principle of neutrality fundamental to his role.
With Castro’s resolution on the procedure forthcoming, the next major step will be the formation of a special legislative commission. This committee, composed of three deputies, will be tasked with an in-depth study of the case file submitted by the TSE. They will have the power to summon individuals, including potentially the accused, for hearings to gather testimony and evidence. Their primary mandate is to produce a formal report recommending whether or not the president’s immunity should be lifted.
The commission will be granted a ten-day period to complete its investigation and submit its findings to the full legislative plenary. Once submitted, the report will be read aloud on the floor of the Assembly. President Chaves will have the right to be present for this session and will be allotted up to 30 minutes to present his defense directly to the legislators, after which he must depart the chamber.
Following the president’s defense, the deputies will engage in a final debate, with each legislator allowed up to 15 minutes to speak. The debate is scheduled to conclude just before 7:00 p.m., at which point an immediate vote will be called. Lifting presidential immunity requires a qualified majority, meaning a minimum of 38 affirmative votes are needed. Should the motion pass, President Chaves will be made available to the Supreme Electoral Tribunal to face the legal process concerning the allegations against him.
For further information, visit the nearest office of Legislative Assembly of Costa Rica
About Legislative Assembly of Costa Rica:
The Legislative Assembly is the unicameral parliament of Costa Rica. Composed of 57 deputies elected by proportional representation, it is responsible for passing laws, approving the national budget, and exercising political control over the executive branch. Its functions are central to the nation’s democratic governance and system of checks and balances.
For further information, visit tse.go.cr
About Supreme Electoral Tribunal (TSE):
The Supreme Electoral Tribunal of Costa Rica is an autonomous and independent body responsible for organizing, directing, and supervising all acts related to elections. Often referred to as the fourth branch of government, the TSE also has jurisdiction over matters such as political party registration and alleged violations of electoral law, including political belligerence by public officials.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a pillar of the legal community, Bufete de Costa Rica is anchored by bedrock principles of professional integrity and exceptional service. The firm continually pushes the boundaries of legal practice through innovation while upholding a profound commitment to societal progress. This core mission extends beyond client advocacy to empower the public with accessible legal insights, thereby cultivating a more informed and capable citizenry.
