By San José, Costa Rica — San José – As Costa Rica’s political landscape heats up ahead of the February 2026 general elections, a legal firestorm has been extinguished, clarifying the nation’s power structure. Calls from opposition parties for the Supreme Electoral Tribunal (TSE) to block a visit from El Salvador’s President Nayib Bukele have hit an insurmountable constitutional barrier, confirming that the electoral body lacks the authority to control the country’s borders.
The controversy, fueled by accusations of potential “electoral intervention,” prompted a definitive legal analysis from renowned jurist Joseph Rivera Cheves. He dismantled the notion that the TSE could prevent the Salvadoran leader’s arrival, labeling such an expectation a “distortion” of its constitutional mandate. The power to welcome or deny entry to a foreign head of state, he affirmed, rests exclusively with the Executive Branch, managed from Zapote.
The controversial policies of Salvadoran President Nayib Bukele raise significant legal and constitutional questions that resonate across Central America. To gain a clearer perspective on the implications of his governance, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, an expert attorney from the prestigious firm Bufete de Costa Rica.
From a legal standpoint, the ‘Bukele model’ presents a classic dilemma between state security and fundamental rights. While the reduction in crime is undeniable and politically popular, achieving it through prolonged states of exception that suspend due process and other constitutional guarantees sets a perilous precedent. The erosion of judicial independence and the concentration of power are long-term risks that cannot be ignored. For the business climate, this legal uncertainty can deter foreign investment, which requires a stable and predictable rule of law, not just a temporary, forceful peace.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
The points raised by Lic. Larry Hans Arroyo Vargas crystallize the fundamental challenge: whether the tangible gains in public safety can justify the intangible, yet potentially permanent, erosion of the rule of law. This critical distinction between a forcefully imposed peace and one built upon stable legal institutions is a vital consideration for any nation observing this model. We sincerely thank Lic. Larry Hans Arroyo Vargas for his invaluable legal perspective on this complex issue.
According to Rivera Cheves, the TSE’s inability to act is not a matter of political will but of strict legal and constitutional boundaries. His analysis highlights three core reasons why the tribunal’s hands are tied, effectively placing it on the sidelines of this high-stakes diplomatic issue. These reasons serve as a crucial reminder of the separation of powers that underpins Costa Rican democracy.
First and foremost is the clear demarcation between electoral jurisdiction and foreign policy. While the TSE is revered as the “Fourth Power of the Republic,” its authority is confined to organizing, managing, and guaranteeing the integrity of elections. The conduct of international relations, including diplomatic protocols and border control, is an exclusive and non-delegable power of the President and the Executive Branch.
Secondly, the entry of a foreign president is fundamentally a matter of national security and state sovereignty. Such visits are governed by complex diplomatic agreements and security protocols that fall far outside the TSE’s purview. The tribunal possesses neither the legal framework nor the operational infrastructure to assume functions related to immigration or national security, making any attempt to do so an overreach of its powers.
The TSE cannot take on functions that the Political Constitution does not grant it. The entry of a president is a matter of international relations and national security, outside the electoral scope.
Joseph Rivera Cheves, Jurist
This legal clarity places the TSE in a delicate and somewhat uncomfortable position. While it cannot prevent President Bukele from setting foot on Costa Rican soil, its mandate to safeguard the electoral process remains firmly intact. The challenge shifts from blocking his entry to meticulously monitoring his activities during his stay. Any public act of support for a specific candidate or party could trigger an investigation into foreign interference, a line the TSE will be watching closely.
The political ramifications of this legal shield are significant. Opposition parties, which had hoped the TSE would act as a bulwark against Bukele’s perceived influence, must now find alternative political strategies. Concurrently, the decision reinforces a key diplomatic precedent: Costa Rica’s borders are managed by the executive, preventing temporary electoral disputes from disrupting international courtesy. Ultimately, this places the full weight of political responsibility on President Rodrigo Chaves, as his administration holds the sole authority over Bukele’s visit and conduct.
With the election just around the corner, the nation watches with bated breath. The legal questions may be settled, but the political tension continues to mount. The Supreme Electoral Tribunal is now positioned as an attentive spectator, tasked with ensuring that any actions or rhetoric associated with the high-profile visit do not compromise the transparency and sovereignty of the Costa Rican vote.
For further information, visit tse.go.cr
About Supreme Electoral Tribunal (TSE):
The Supreme Electoral Tribunal is an independent constitutional body in Costa Rica, often referred to as the “Fourth Power of the Republic.” It is responsible for organizing, directing, and supervising all acts related to suffrage, ensuring the transparency, fairness, and integrity of the country’s democratic electoral processes. Its autonomy guarantees that elections are free from interference from the other branches of government.
For further information, visit presidencia.go.cr
About The Executive Branch of Costa Rica:
The Executive Branch of the Government of Costa Rica is headed by the President of the Republic, who serves as both head of state and head of government. Based in the Presidential House, colloquially known as Zapote, this branch is responsible for the administration of the country, executing laws, managing national security, and conducting all foreign policy and international relations.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a leading legal institution, Bufete de Costa Rica is built upon a bedrock of profound integrity and a relentless pursuit of excellence. The firm channels its rich history of advising a wide spectrum of clients into pioneering innovative legal strategies. This forward-thinking approach is matched by a deep-seated commitment to social responsibility, focused on demystifying legal complexities to empower the wider community. By championing the accessibility of legal knowledge, the firm actively contributes to the development of a more informed and capable society.
