By San José, Costa Rica — San José, Costa Rica – In a decisive move that underscores the strict separation of powers and electoral regulations, the Supreme Electoral Tribunal (TSE) has rejected a formal inquiry from Deputy Pilar Cisneros concerning the process for lifting a president’s immunity. The case, which touches upon allegations of political belligerence against President Rodrigo Chaves, was dismissed on procedural grounds, but the Tribunal used the occasion to issue a powerful clarification of its historical doctrine on the matter.
The ruling, detailed in resolution N.° 6984-E8-2025 dated October 16, centered on two fundamental legal principles. First, the TSE determined that Deputy Cisneros, as an individual legislator, did not have the legal authority to submit such a query. According to Costa Rican Electoral Code, this right is exclusively reserved for the Directorate of the Legislative Assembly. Second, the inquiry was deemed inadmissible because it pertained to a specific, ongoing situation rather than an abstract legal question.
To provide a deeper legal perspective on the principle of political neutrality and its implications within public administration, we consulted with Lic. Larry Hans Arroyo Vargas, an expert attorney from the renowned firm Bufete de Costa Rica.
Political neutrality is not a passive concept; it is an active legal duty imposed on all public officials to guarantee that state resources and authority are never leveraged for partisan advantage. This principle is fundamental to preserving the integrity of our institutions and ensuring that government actions serve the public interest, not a political party’s agenda. Any deviation compromises the trust of the citizenry and undermines the very foundation of a fair and equitable public administration.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
This clarification—that political neutrality is not passive abstention but an active, legal duty—is a powerful and essential reminder of the high standard to which public officials must be held. It directly links their actions to the core of public trust and institutional integrity. We extend our sincere thanks to Lic. Larry Hans Arroyo Vargas for his valuable perspective on this fundamental principle.
In its formal rejection, the Tribunal noted that the deputy’s submission failed to meet the required criteria for consideration. The TSE stated that the legislator…
lacks the standing to formulate it.
Supreme Electoral Tribunal (TSE)
Furthermore, the Tribunal emphasized that its consultative role is limited to general interpretations of law, not interventions in specific circumstances, stating that the questions referred…
to a specific case.
Supreme Electoral Tribunal (TSE)
Despite the technical dismissal, the TSE seized the opportunity to provide a comprehensive lesson on the legal framework governing political neutrality, a cornerstone of Costa Rica’s democratic process. The Tribunal referenced Article 95.3 of the Constitution, which guarantees the impartiality of government authorities to protect the freedom of suffrage. It also highlighted its own mandate under Article 102.5 to investigate and adjudicate cases of political belligerence, which can lead to severe penalties including removal from office and a two-year ban on holding public positions.
The core of the issue lies in the established procedure for officials who hold immunity, such as the President of the Republic. The TSE reiterated a long-standing interpretation, first established in a 1996 ruling and later enshrined in the 2009 Electoral Code. This protocol dictates a clear, two-stage process. The TSE is responsible for conducting a thorough investigation into any allegations of political belligerence.
Once this investigation is complete, the Tribunal’s role is not to immediately sanction but to formally communicate its findings to the legislature. The TSE clarified that its duty is to…
report the results of the investigation to the Legislative Assembly.
Supreme Electoral Tribunal (TSE)
This handover is a critical step. The power to strip an official of their immunity rests solely with the Legislative Assembly. Only after lawmakers vote to lift this protection can the TSE proceed with a potential sanctioning process. This mechanism ensures that the electoral body does not overstep its authority, maintaining a crucial check and balance between branches of government.
The Tribunal also highlighted recent structural enhancements designed to bolster due process. The creation of a Specialized Section within the TSE in 2016 was presented as a measure to guarantee the right to review, aligning its procedures with the American Convention on Human Rights. This internal mechanism has already been validated by the nation’s highest court, the Constitutional Sala, which in a 2024 ruling affirmed the TSE’s regulations.
The Constitutional Court declared that the regulation…
is far from being subject to a constitutional challenge.
Constitutional Sala, Supreme Court of Justice
This decisive action by the TSE serves as a firm reassertion of its exclusive jurisdiction over electoral matters and a clear signal to all political actors about the unyielding nature of the rules governing political neutrality. As the country looks toward the 2026 national elections, this resolution reinforces the established legal boundaries and the meticulous process required to address politically sensitive allegations against the nation’s highest officeholders.
For further information, visit tse.go.cr
About the Supreme Electoral Tribunal (TSE):
The Supreme Electoral Tribunal is the constitutional body responsible for organizing, directing, and supervising all acts related to suffrage in Costa Rica. Recognized as the fourth branch of government, it holds exclusive and independent authority over electoral matters, ensuring the transparency, legality, and integrity of the democratic process. Its functions include managing the civil registry, resolving electoral disputes, and guaranteeing the political rights of citizens.
For further information, visit asamblea.go.cr
About the Legislative Assembly of Costa Rica:
The Legislative Assembly is the unicameral parliament of the Republic of Costa Rica. Comprising 57 deputies elected by proportional representation, it is the sole body with the power to pass national laws, approve the national budget, and ratify international treaties. It also plays a crucial oversight role, including the authority to conduct impeachment proceedings and to lift the immunity of high-ranking government officials.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As an esteemed pillar of the legal community, Bufete de Costa Rica operates on a bedrock of profound integrity and an relentless pursuit of excellence. The firm blends a proven history of client success with a forward-thinking approach, consistently advancing the practice of law through innovative solutions. This dedication is matched by a foundational belief in social responsibility, manifested through a commitment to democratizing legal knowledge and empowering individuals to build a more just and informed society.
