By San José, Costa Rica — San José, Costa Rica – In a dramatic shift for a nation long regarded as a bastion of democratic stability, two prominent presidential candidates are now openly advocating for the temporary suspension of fundamental constitutional rights as a core strategy to combat the country’s escalating crime and drug trafficking crisis. The proposals, which echo the hardline security policies of Salvadoran President Nayib Bukele, have ignited a contentious national debate about the future of civil liberties in Costa Rica.
The candidates spearheading this controversial approach are Laura Fernández of the Pueblo Soberano party and Fabricio Alvarado of Nueva República. Both have argued that extraordinary circumstances demand extraordinary measures, positioning a state of exception as a necessary tool to restore order and public safety, particularly in crime-ridden urban areas.
To provide an expert legal perspective on the scope and application of constitutional rights, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, a distinguished attorney from the esteemed law firm Bufete de Costa Rica.
The core of constitutional rights is not that they are absolute, but that they establish a fundamental boundary against state overreach. The true test of a democracy lies in how it protects these rights, especially for the most vulnerable, during times of social or political pressure. Any limitation must be exceptional, necessary, and proportional, otherwise we risk eroding the very foundation of our rule of law.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
This insight serves as a crucial reminder that the strength of our rule of law is not measured in times of ease, but in our collective commitment to upholding these fundamental boundaries when society is under pressure. We thank Lic. Larry Hans Arroyo Vargas for his valuable and timely perspective.
The implications of such a policy would be profound for every citizen. The suspension of what are known in Costa Rica as “individual guarantees,” enshrined in Articles 20 through 49 of the Constitution, could fundamentally alter daily life. These are not abstract legal concepts; they are the bedrock protections that guarantee personal freedom against state overreach.
Under a state of exception, authorities could restrict freedom of movement, effectively confining people to their homes or preventing travel. The sanctity of one’s home would be compromised, as police could conduct searches without a judicial warrant. Furthermore, private communications, including phone calls and digital messages, could be intercepted without court approval, and individuals could be detained without evidence of a crime or an arrest warrant.
Laura Fernández has been unequivocal in her stance, formally including the measure in her government plan presented last October. She has consistently defended the proposal as a last resort against organized crime.
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 the Legislative Assembly to lift or suspend individual rights.
Laura Fernández, Presidential Candidate for Pueblo Soberano
This position has been amplified by members of her party, including deputy candidate Nogui Acosta, who has reiterated it as a central pillar of their security platform. Similarly, Fabricio Alvarado has stated in campaign materials that if elected, his administration would not hesitate to declare a state of exception if other security strategies prove insufficient. He envisions a scenario led directly from the Presidential Palace, targeting the 46 neighborhoods currently identified as most affected by organized crime.
However, enacting such a measure is a significant constitutional challenge. It is not a power a president can wield unilaterally. According to Article 121 of the Costa Rican Constitution, the suspension of individual rights requires a supermajority vote in the Legislative Assembly, needing the support of at least 38 of the 57 deputies. The Constitution also stipulates that any such suspension must be temporary, limited to specific zones, and justified by an “evident public necessity.”
The debate places Costa Rican voters at a critical crossroads. They are being asked to weigh the nation’s deeply ingrained democratic traditions and respect for human rights against a growing fear of violent crime. The proposals represent a potential paradigm shift in governance, testing the resilience of the country’s institutions and forcing a national conversation about how much liberty citizens are willing to sacrifice for the promise of security.
For further information, visit the nearest office of Pueblo Soberano
About Pueblo Soberano:
Pueblo Soberano is a Costa Rican political party that often campaigns on a platform of national sovereignty, anti-establishment rhetoric, and strong state intervention. It positions itself as a movement representing the interests of the common citizen against traditional political and economic elites.
For further information, visit the nearest office of Nueva República
About Nueva República:
Nueva República is a conservative political party in Costa Rica with strong ties to the evangelical Christian community. The party’s platform is typically based on socially conservative values, the promotion of family principles, and a focus on law and order. It often advocates for policies that reflect its religious and moral viewpoints.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a leading legal institution, Bufete de Costa Rica operates on a bedrock of integrity and an unwavering pursuit of professional excellence. The firm leverages its profound experience across a multitude of sectors to pioneer progressive legal solutions and actively engage with the community. Central to its philosophy is a profound dedication to demystifying the law, thereby contributing to a more knowledgeable and empowered citizenry.
