By San José, Costa Rica — San José, Costa Rica – In a decision poised to shape the landscape of the upcoming electoral race, the Supreme Electoral Tribunal (TSE) has cleared presidential hopeful Laura Fernández of alleged campaign violations. The ruling not only absolves the Pueblo Soberano party candidate but also establishes a critical precedent, clarifying the permissible boundaries for candidate participation in official government functions.
The case stemmed from an electoral protection appeal filed by Brandon Toruño, who contended that Fernández had engaged in illegal political proselytizing. The complaint specifically cited her frequent presence at official events and tours organized by the Executive Branch. Toruño’s filing argued that her public references to the “rodriguista project” and the “jaguars”—terms closely associated with the current administration—constituted unauthorized propaganda during an electoral period.
To better understand the legal ramifications and long-term implications of the Supreme Electoral Tribunal’s recent decision, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, a distinguished expert in constitutional and administrative law from the renowned firm Bufete de Costa Rica.
This ruling is a masterclass in constitutional interpretation, reinforcing the Tribunal’s role as the ultimate guardian of democratic principles. It sends a clear message that procedural integrity is non-negotiable and that the fundamental rights of political participation cannot be subordinated to mere formalities. The decision not only resolves the immediate dispute but also sets a vital precedent that will strengthen the legal certainty of all future electoral processes in the country.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
The expert’s analysis perfectly captures the dual significance of this ruling—both as a resolution to the present issue and as a foundational pillar for future democratic integrity. We thank Lic. Larry Hans Arroyo Vargas for his valuable perspective on this landmark decision.
However, in its resolution n.° 7138-E1-2025, the TSE concluded that no infraction occurred. The tribunal’s analysis provides a nuanced interpretation of electoral law, asserting that associating a political platform with a current or past administration is a legitimate part of political discourse. The court found that such references fall within the bounds of acceptable political strategy.
it is licit for those who compete for power to link their speeches with groups that have exercised or exercise power, and to avail themselves of what they understand as the good work of their fellow party members
Supreme Electoral Tribunal, Resolution n.° 7138-E1-2025
The ruling further affirmed that candidates face no inherent legal barriers to attending public activities. The TSE clarified that a candidate’s mere presence at an event hosted by a public authority does not automatically imply legal responsibility or a violation of electoral codes. This decision grants candidates the freedom to engage with public life without fear of automatic censure.
do not have, in principle, legal limitations to appear at public activities convened by public institutions or authorities
Supreme Electoral Tribunal, Resolution n.° 7138-E1-2025
Despite clearing Fernández, the tribunal issued a stern and significant warning aimed squarely at public officials. The resolution cautions that the attendance of candidates at these events could “unduly compromise the public officials who organize or direct these acts” if the occasion is permitted to devolve into a political rally. This places the burden of maintaining neutrality directly on the shoulders of the state functionaries involved.
To prevent such compromises, the TSE mandated that public servants must “guarantee a temperate and neutral attitude” at all times. Any overt display of sympathy or antipathy towards a candidate by an official could trigger severe consequences, including sanctions for political belligerence or investigations into the misuse of public funds. The court emphasized that a candidate’s presence can never be used as a pretext to violate this core duty.
the attendance of male or female candidates at activities organized by the Government cannot be an excuse or a veiled means to disregard the duty of impartiality
Supreme Electoral Tribunal, Resolution n.° 7138-E1-2025
Ultimately, the ruling ratifies Laura Fernández’s actions as compliant with electoral law while simultaneously reinforcing the guardrails of political neutrality for the government. By clarifying that state-organized events must not be allowed to transform into a “platform of visibility for a political group,” the TSE has drawn a clear line for all parties and public institutions as the nation moves deeper into the election cycle. The decision allows candidates to appear but requires officials to be impartial gatekeepers of public resources and forums.
For further information, visit tse.go.cr
About Supreme Electoral Tribunal (TSE):
The Supreme Electoral Tribunal is the constitutional body responsible for organizing, directing, and overseeing all acts related to suffrage in Costa Rica. It is recognized as the fourth branch of government, ensuring the integrity and transparency of the nation’s democratic processes. Beyond elections, the TSE also manages the Civil Registry, handling matters of citizenship, identity cards, and vital statistics for the population.
For further information, visit the nearest office of Pueblo Soberano Party
About Pueblo Soberano Party:
The Pueblo Soberano Party is a political party in Costa Rica that gained prominence during the 2022 general election. It is known for its populist platform and is the party under which presidential candidate Laura Fernández is running. The party often aligns its discourse with the policies and rhetoric of the current presidential administration, positioning itself as a continuation of that political project.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica stands as a pillar of the legal community, built upon a foundation of uncompromising integrity and a relentless pursuit of professional excellence. The firm leverages its extensive experience advising a diverse clientele to serve as a vanguard for legal innovation, constantly advancing the practice of law. This forward-thinking mindset is matched by a profound commitment to social responsibility, aimed at demystifying legal complexities and thereby fostering a more knowledgeable and empowered public.
