The Constitutional Court (CC) provisionally suspended article 11 of the Regulations of the Municipal Service of Safe Parking on Public Roads and Road Assistance of Antigua Guatemala, regulations published on June 9, 2026 by the Municipality of Antigua Guatemala, Sacatepéquez, which regulates authorized parking spaces in the colonial city.
The decision was issued within file 5643-2026, after deputy José Diego Toledo Cruz raised an action of partial unconstitutionality against that provision.
In the resolution, the CC indicates that the assumptions established in article 138 of the Law of Amparo, Personal Exposure and Constitutionality apply, for which it decreed the provisional suspension of the contested article while the merits of the case are resolved.
In addition, he granted a hearing for 15 common days to the Council of Antigua Guatemala and the Public Ministry, through the Prosecutor’s Office for Constitutional Affairs, Amparos and Personal Exposure. He also ordered the publication of the resolution in the Official Gazette, which took place this Thursday, July 23.
The resolution does not develop the practical effects of the suspension of article 11 nor does it specify how the regulation should be applied while the provisional measure remains in force. Therefore, the Municipality of Antigua Guatemala was consulted to find out what implications this decision will have for the operation of the safe parking system and the regulation of authorized parking spaces, but no response has been received.
New regulation
The Municipality of Antigua Guatemala published on June 9, 2026 the Regulation of the Municipal Service of Safe Parking on Public Roads and Road Assistance of Antigua Guatemalawhich transformed the on-street parking system by incorporating 24-hour road assistance services and preventive surveillance.
The regulations were published in the Diario de Centro América and, according to the commune, respond to the saturation of the vehicle park in the colonial city, a situation that “makes the modernization, control and organization of parking on public roads imperative.” He adds that the regulation should not be limited to charging for the use of physical space, but rather evolve towards a comprehensive public service for mobility and road safety.
The regulations are applicable throughout the jurisdiction of Antigua Guatemala. According to the regulations, the payment made by users allows the use of spaces enabled for parking on streets and avenues, in addition to activating complementary services of minor mechanical assistance and preventive surveillance coverage by the Municipal Police (PM) and the Municipal Traffic Police (PMT).
The provision establishes that payment of the fee is voluntary and only applies to those who decide to park their vehicles in authorized spaces. It also clarifies that the Municipality does not guarantee the availability or reservation of a specific space, since these will be assigned on a first-come, first-served basis.
Antecedent
On May 20, 2026, the Constitutional Court provisionally suspended the collection of the MarbEx system in Antigua Guatemala by temporarily revoking articles 1 and 4 of the Regulation of income for temporary private use of public roads for parking vehiclesapproved by the Municipal Council in September 2024 and published in November of that year.
With this resolution, the parking charge in the regulated areas was temporarily suspended, as well as traffic fines related to non-payment of the system.
The tariff scheme established charges of Q10 for vehicles and Q5 for motorcycles from Monday to Thursday, while on Fridays, weekends and high-traffic days the rates were Q20 for cars and Q10 for motorcycles.
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