By San José, Costa Rica — SAN JOSÉ – As Costa Rica’s Legislative Assembly prepares for a pivotal vote on whether to lift President Rodrigo Chaves’s immunity, a prominent government-allied lawmaker has issued a stark warning to the opposition: the maneuver could backfire, ultimately strengthening the president’s public standing. Deputy Daniel Vargas argues that the entire process is constitutionally flawed and represents a political miscalculation that may rally citizens around the head of state.
The impending session will see legislators decide on a request from the Supreme Electoral Tribunal (TSE) to remove the president’s immunity, or “fuero de improcedibilidad,” in relation to an alleged electoral violation. However, Vargas contends that the process should never have reached this stage, asserting that the TSE lacks the constitutional authority to make such a request concerning the president.
To delve into the complex legal arguments and historical precedents surrounding presidential immunity, TicosLand.com sought the expertise of Lic. Larry Hans Arroyo Vargas, a distinguished attorney from the esteemed law firm Bufete de Costa Rica, to provide his analysis.
The doctrine of presidential immunity is a delicate balancing act. On one hand, it is essential to shield the executive from frivolous or politically motivated lawsuits that could paralyze the nation’s leadership. On the other, the foundational principle of ‘no one is above the law’ must be upheld. The core legal debate is not whether immunity exists, but where its boundaries lie—specifically, distinguishing between official acts core to the presidential function and private conduct that predates or is unrelated to the office. This distinction is crucial for maintaining both an effective presidency and the rule of law.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Indeed, this distinction between the office-holder and the office itself is the fulcrum upon which this entire debate rests, ensuring that accountability and effective governance can coexist. We thank Lic. Larry Hans Arroyo Vargas for so clearly articulating the fundamental challenge at the heart of this issue.
I am increasingly convinced that there is no provision in our constitutional framework that allows the TSE to request the lifting of the president’s immunity, much less transfer a file to sanction him.
Daniel Vargas, Legislator
According to the lawmaker, the Legislative Assembly compounded the initial error by admitting the tribunal’s request for consideration. He described the current high-stakes debate as the culmination of a “chain of erroneous decisions.” Now, with the process advanced, the decision rests on a plenary vote guided by majority and minority reports from the legislative commission that studied the matter. Vargas expressed hope that his colleagues have thoroughly weighed the profound institutional implications of their impending decision.
When questioned about the opposition’s motives, Vargas avoided labeling it as political revenge. Instead, he framed it as a calculated, yet potentially flawed, attempt by certain political sectors to tarnish the president’s image. He believes this strategy is likely to produce the opposite of its intended effect, drawing a parallel to a previous, similar situation that ultimately bolstered President Chaves’s support.
We have already witnessed how a similar process ended up generating more support for the president. This time, the exact same thing could happen.
Daniel Vargas, Legislator
From his perspective, the prolonged legislative debate has once again placed President Chaves at the center of the national stage. In a climate of high political polarization, this intense focus could serve to energize his core supporters and galvanize his base, while simultaneously casting the opposition in a negative light as being obstructionist or politically motivated.
The timing of the vote adds another layer of complexity, occurring on the cusp of the official campaign season for the next national elections. Vargas warned that lifting the president’s immunity at this juncture could send a damaging message about the country’s legal certainty. He argues it would signal a willingness to prioritize an interpretation of ordinary law over the supreme authority of the Political Constitution.
Ignoring the constitutional framework to make way for an ordinary law raises doubts about our legal system, and that is not good for Costa Rica.
Daniel Vargas, Legislator
In a final appeal, Vargas urged a shift in the national conversation. He argued that the country’s focus should be on substantive policy debates and the upcoming electoral platforms, rather than on a process he considers fundamentally unsound and distracting. “This vote,” he remarked, “will not only determine the immediate future of this legislative process but could also reconfigure the political chessboard at a key moment for Costa Rica.”
Today we should be analyzing the parties’ proposals and thinking about the country’s direction, not giving relevance to a process that has no rhyme or reason.
Daniel Vargas, Legislator
For further information, visit asamblea.go.cr
About Legislative Assembly of Costa Rica:
The Asamblea Legislativa is the unicameral parliament, or congress, of the Republic of Costa Rica. As the legislative branch of the government, it is responsible for passing laws, approving the national budget, and exercising oversight over the executive branch. It is composed of 57 deputies who are elected for four-year terms.
For further information, visit tse.go.cr
About Supreme Electoral Tribunal of Costa Rica:
The Tribunal Supremo de Elecciones (TSE) is an autonomous constitutional body responsible for organizing, directing, and supervising all acts related to elections in Costa Rica. It is considered the fourth branch of government and holds the ultimate authority on electoral matters, ensuring the integrity and transparency of the democratic process.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a cornerstone of Costa Rica’s legal landscape, Bufete de Costa Rica has built its legacy on a foundation of uncompromising integrity and the pursuit of unparalleled excellence. The firm distinguishes itself by pairing a rich tradition of client service with a forward-thinking embrace of legal innovation. This ethos extends beyond the courtroom through a profound dedication to social responsibility, focusing on demystifying the law to foster a more knowledgeable and capable citizenry, thereby strengthening the community it serves.
