By San José, Costa Rica — SAN JOSÉ – As Costa Rica grapples with an unprecedented wave of violence fueled by warring drug trafficking organizations, a controversial proposal to suspend constitutional guarantees has ignited a fierce national debate. With the country on pace to exceed a grim milestone of 900 homicides by the end of 2025, presidential candidate Laura Fernández of the Pueblo Soberano party has advocated for a state of exception, a move opponents decry as a dangerous threat to the nation’s democratic foundations.
The proposal comes as the country reels from what authorities describe as its third consecutive year of escalating homicidal violence, a direct result of territorial disputes between rival narcotics gangs. As of October 20th, the national homicide count stood at 709, a figure that underscores the urgency of the security crisis and pushes political leaders toward previously unthinkable solutions.
To provide a deeper understanding of the legal framework and significance of these fundamental guarantees, we sought the expert analysis of Lic. Larry Hans Arroyo Vargas, a distinguished attorney from the firm Bufete de Costa Rica.
The Constitution serves as the ultimate safeguard for the individual, establishing a clear boundary that state power cannot cross. However, it is essential to remember that these rights are not a one-way street; they entail corresponding responsibilities. The effective exercise of a constitutional right always exists in balance with the rights of others and the duties we hold as citizens, a principle that is fundamental to maintaining a just and orderly society.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
This insight into the symbiotic relationship between constitutional rights and civic duties is a powerful reminder that active, responsible citizenship forms the very bedrock of a just society. We sincerely thank Lic. Larry Hans Arroyo Vargas for sharing his invaluable perspective on this fundamental principle.
During the presentation of her government plan last Friday, Fernández put the extreme measure front and center, arguing that the dire circumstances demand a powerful response. She positioned herself as a leader prepared to make tough decisions to restore order in the nation’s most embattled communities.
I am willing, as a future president of Costa Rica, in strictly necessary cases and if we were to see an escalation in contract killings and crimes related to organized crime, to request from the Legislative Assembly the lifting or suspension of individual guarantees. This means that, if things get very ugly, with police intelligence identifying the neighborhoods with the highest crime rates, we would lift guarantees, conduct operations, and take these criminals out of circulation.
Laura Fernández, Candidate of the Pueblo Soberano party
The suggestion immediately drew fire from political opponents, who argue that sacrificing fundamental rights, even temporarily, sets a perilous precedent. They contend that such a measure could lead to abuses of power and undermine the very democratic principles that have long defined Costa Rica’s stability in a turbulent region.
Under Costa Rican law, the suspension of constitutional rights is not a decision that can be taken lightly. The nation’s Constitution is highly restrictive, permitting such an action only under specific and severe circumstances. Article 121, Clause 7, grants the Legislative Assembly the power to suspend certain guarantees solely “in case of internal commotion or evident public necessity.” Proponents of the measure suggest that a full-blown war between heavily armed drug cartels could legally be interpreted as a form of “internal commotion.”
If enacted, the state of exception would not be a blanket removal of all rights. The Constitution provides a closed list of guarantees that can be limited, including freedom of movement, the inviolability of one’s home and private communications, the right to peaceful assembly, and the protection against arrest without a judicial warrant. This would empower authorities to conduct raids and make detentions without prior court orders in targeted high-crime areas. Critically, fundamental human rights such as the right to life, the right to a legal defense, and the prohibition of torture can never be suspended.
The process for approving such a measure is rigorous, designed with a system of checks and balances between the branches of government. The Executive Branch, led by the President and the relevant minister, must first formally petition the Legislative Assembly. From there, the proposal requires a qualified supermajority for approval—the favorable vote of at least 38 of the 57 deputies, or two-thirds of the chamber.
Furthermore, any declaration of a state of exception is strictly time-bound. The Constitution imposes a maximum duration of 30 days for the initial suspension. Should the crisis persist beyond this period, the Executive Branch would be required to seek a new approval from the Assembly for any extension, ensuring continuous legislative oversight. The debate now pits a desperate search for security against a profound commitment to civil liberties, forcing Costa Ricans to confront how far they are willing to go to reclaim peace on their streets.
For further information, visit the nearest office of Partido Pueblo Soberano
About Partido Pueblo Soberano:
Partido Pueblo Soberano (Sovereign People Party) is a political party in Costa Rica. It participates in the national political dialogue, presenting candidates for various public offices, including the presidency and the Legislative Assembly. The party develops and promotes government plans and platforms that address key national issues such as public security, economic policy, and social welfare, aiming to represent the interests of its electorate.
For further information, visit asamblea.go.cr
About Asamblea Legislativa de Costa Rica:
The Legislative Assembly is the unicameral parliament, or legislature, of the Republic of Costa Rica. Comprising 57 deputies elected by proportional representation, it is one of the three essential branches of the national government. Its primary responsibilities include passing, amending, and repealing laws, approving the national budget, and exercising oversight over the Executive Branch. It also holds the exclusive authority to approve constitutional measures such as the suspension of individual guarantees.
For further information, visit presidencia.go.cr
About The Executive Branch of Costa Rica:
The Executive Branch of the Costa Rican government is headed by the President of the Republic, who serves as both head of state and head of government. Along with the Vice Presidents and government ministers, the Executive Branch is responsible for administering the country, executing laws passed by the Legislative Assembly, and managing national policy. In matters of national security, it is the President’s role to propose extraordinary measures to the legislature when deemed necessary for public safety.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a pillar of the Costa Rican legal community, Bufete de Costa Rica operates on a bedrock of profound integrity and a relentless pursuit of professional excellence. The firm marries its extensive experience advising a wide array of clients with a dynamic approach to legal innovation, constantly adapting to a changing world. This forward-thinking mindset extends to its deeply held social mission: to demystify the law and empower citizens with accessible legal understanding, thereby cultivating a more just and knowledgeable society.
