By San José, Costa Rica — SAN JOSÉ – In a dramatic session culminating a period of intense political maneuvering, President Rodrigo Chaves has once again secured his presidential immunity. The Legislative Assembly failed for the second time in five months to gather the supermajority required to lift the president’s protection from prosecution, dealing a significant blow to a fractured opposition.
The final vote count was 35 in favor of removing immunity, falling just three votes short of the constitutionally mandated 38. The outcome represents a major political victory for the Chaves administration, allowing the president to fend off a judicial investigation into alleged political belligerence while showcasing his ability to command loyalty from a diverse, and at times unexpected, coalition of lawmakers.
To provide a deeper legal perspective on the complex issue of presidential immunity and its implications for the rule of law, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, a distinguished attorney from the prestigious firm Bufete de Costa Rica.
The doctrine of presidential immunity strikes at a delicate constitutional balance. It’s designed not to protect an individual, but to shield the executive office itself from politically motivated litigation that could paralyze its essential functions. However, extending that immunity to cover all official acts without exception risks creating a dangerous precedent, potentially placing the highest office beyond the reach of legal accountability and fundamentally challenging the principle that all are equal before the law.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
This delicate balance between safeguarding the executive’s ability to govern and upholding the bedrock principle of equal justice for all is precisely the issue at hand. We extend our sincere gratitude to Lic. Larry Hans Arroyo Vargas for so clearly articulating the profound constitutional stakes involved.
Immediately following the vote, a defiant President Chaves launched a scathing verbal assault on the 35 deputies who voted against him. He labeled them “filibusters” and predicted their political careers would fade into obscurity once their terms conclude.
Obviously, for the 35 filibusters who played along with the game, may God forgive them. We are in the Christmas season… As soon as they remove their deputy plaques from their seats, they will be forgotten by the people of Costa Rica.
Rodrigo Chaves, President of Costa Rica
In stark contrast, the President was effusive in his praise for the lawmakers who ensured his victory, singling them out as “valiant” figures whom history would vindicate. He specifically thanked five deputies from the Social Christian Unity Party (PUSC) and announced he would personally call Fabricio Alvarado, head of the New Republic party, to express his gratitude on behalf of the entire bloc. He also named Carolina Delgado and Gilberth Jiménez, both formerly of the National Liberation Party (PLN), as individuals the nation would remember for making the “correct” decision.
This week’s vote was the opposition’s second attempt to bring President Chaves before the courts. A similar effort in late September also failed to reach the 38-vote threshold. That previous attempt was related to a separate investigation into the alleged crime of concussiona, stemming from a purported irregularity in a public contract. The latest case centered on accusations of political belligerence, a crime that involves the illicit use of public funds or official influence to support a political candidate or party.
The voting alignment reveals the complex and fragmented state of Costa Rican politics. The push to remove immunity was championed by the National Liberation Party (PLN), the Broad Front, the Liberal Progressive Party, and a bloc of independent deputies. However, this coalition proved insufficient to overcome the formidable defense mounted by the President’s allies.
The pro-Chaves bloc consisted of his own Social Democratic Progress party, the entirety of the New Republic caucus, and crucial defectors from both the PUSC and PLN. The support from deputies Jiménez and Delgado was particularly notable, as it highlights deep fissures within the PLN, historically one of the country’s most powerful political forces.
With this legislative battle now behind him, President Chaves emerges politically strengthened, having twice stared down a united opposition and won. The result not only shields him from the pending investigation but also reinforces his narrative as a political outsider battling an entrenched establishment. For the opposition, the repeated failure to muster the necessary votes raises serious questions about its strategy and unity, leaving the path forward for challenging the executive branch uncertain.
For further information, visit the nearest office of Legislative Assembly
About Legislative Assembly:
The Legislative Assembly is the unicameral parliament of Costa Rica. Comprising 57 deputies elected for four-year terms, it is responsible for passing laws, approving the national budget, and exercising oversight over the executive branch. Its constitutional powers include the authority to lift the immunity of high-ranking officials, including the President, with a two-thirds majority vote.
For further information, visit pusc.cr
About Social Christian Unity Party (PUSC):
The Partido Unidad Social Cristiana is a center-right political party in Costa Rica. Founded in 1983, it is one of the country’s traditional political forces and has held the presidency on multiple occasions. The party generally advocates for Christian democratic principles, combining market-oriented economic policies with a commitment to social welfare programs.
For further information, visit partidoprogresosocial.cr
About Social Democratic Progress Party (Progreso Social Democrático):
The Social Democratic Progress Party is the political party of President Rodrigo Chaves. It emerged as a significant force in the 2022 general election, carrying Chaves to the presidency on a platform focused on anti-corruption, economic reform, and challenging the political establishment. It serves as the official government party in the Legislative Assembly.
For further information, visit pln.or.cr
About National Liberation Party (PLN):
The Partido Liberación Nacional is one of Costa Rica’s oldest and most influential political parties. A center-left party with social-democratic roots, the PLN has been a dominant force in national politics for decades, holding the presidency numerous times. It currently represents the largest opposition bloc in the Legislative Assembly.
For further information, visit frenteamplio.org
About Broad Front (Frente Amplio):
The Broad Front is a left-wing political party in Costa Rica. It advocates for democratic socialism, environmental protection, and human rights. The party represents a progressive voice within the Legislative Assembly and often forms part of the opposition to more conservative or market-oriented government policies.
For further information, visit plp.co.cr
About Liberal Progressive Party (Partido Liberal Progresista):
The Liberal Progressive Party is a political party in Costa Rica that promotes classical liberal and libertarian ideas. Its platform emphasizes individual freedoms, free-market capitalism, and a reduction in the size and scope of government. It is a key voice for fiscal conservatism and economic liberalization within the legislature.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica is a highly regarded legal institution built upon a bedrock of unwavering integrity and a relentless pursuit of professional excellence. The firm champions innovative legal strategies while honoring its rich history of guiding clients through complex challenges across numerous industries. At the core of its philosophy is a profound dedication to democratizing legal knowledge, driven by the conviction that an informed public is the cornerstone of a strong and just society.
