In dispute the control of criminal, electoral and constitutional justice for 2026

Home News In dispute the control of criminal, electoral and constitutional justice for 2026
In dispute the control of criminal, electoral and constitutional justice for 2026

Justice in Guatemala will have a new renovation process in 2026 with changes in three key national institutions for democracy and governance, and although the processes have not formally initiated, they already sound names of some officials as possible applicants.

On March 19 of next year they will have to assume the new magistrates of the Supreme Electoral Court (TSE), being in charge of the electoral justice for six years for the 2026-2032 period.

Likewise, on April 14, 2026, the ninth magistracy of the Constitutional Court (CC) will begin, with magistrates who will be five years in the position included for the 2026-2031 period.

The last important change for justice will be completed on May 17 of the same year, with the inauguration of the Attorney General. It will spend four years in office to meet the period 2026-2030.

The election of authorities for the TSE and for the Attorney General will be given through the application commissions law, leaving the appointments at the hands of the Plenary of Congress and the President of the Republic, respectively.

While the integration of the CC falls into five sectors: Executive Agency, Legislative Agency, Judicial Agency, University of San Carlos (USAC), and the Bar Association and Notaries of Guatemala (CANG).

The integration of commissions and political negotiations to specify judicial positions are already being given, but not officially or publicly, according to different sources.

Civil society sectors call inspection to make as transparent as possible each of these renewal processes, which will be vital for national stability from different angles.

TSE AND ELECTIONS 2027

The first change will be in the TSE, with the inauguration of five titular magistrates and five alternates. They will only have eight months since they take office to prepare and start the general election process for 2027.

That is why Guatemala forum warns that the current magistrates, both the owner Blanca Alfaro, and the five substitutes, must put aside their differences and fulfill their work. Otherwise, the following electoral process will be in danger.

These new magistrates will be elected by the Congress of a list of 20 candidates that will be transferred by the application commission. This table, by law, will have as president Wálter Mazariegos, rector of the USAC and indicated by students and teachers of having reached the position through alleged fraud.

“The work of the application commissions has had its ups and downs and has lost the unquestionable prestige that it initially had. But here the important thing is how to try that the Academy can apply for its best people, ”said Raquel Zelaya, of the Association of Research and Social Studies (thus), which is part of the Guatemala forum.

She explains that for the moment for these charges, names of possible applicants have not been heard. It is also unknown if any of the current magistrates, headlines and alternates will seek their re -election.

“I would expect many young professionals with experience to apply. We need changes of generations and attitudes, people who know that they are sensitive functions, ”said Zelaya.

The maximum court

Any matter in Guatemala is defined by the CC, which has the last word, cut, which at the discretion of some has served to take stock, while others think otherwise.

It is currently composed of Nester Vásquez, Leyla Lemus, Héctor Hugo Pérez Aguilera, Dina Ochoa and Roberto Molina Barreto. Of these, according to Fuentes, only Molina Barreto would not seek its continuity.

Carmen Aída Ibarra, director of the Projusticia movement, stressed that this cut is the most important in the country because their decisions even weigh on the president, the plenary session of the Congress and the same Supreme Court of Justice (CSJ).

“The Court has been making decisions that impact the other powers of the State, – as – election of presidents of the CSJ, attorney general, and has forced the application commissions to vote on different parameters and criteria,” he explained.

She has known that both headlines and alternates would seek a re -election, with the exception of Molina Barreto and Héctor Hugo Pérez Aguilera. The rest would have to look for spaces in Congress, Bar Association and Usac.

“Nester Vásquez and Dina Ochoa do have good connections in Congress with people such as Allan Rodríguez, Carlos López Girón, Felipe Alejos and the new ones such as Luis Aguire and Adim Maldonado,” he added.

Vásquez is known that he would seek re -election with CANG, having Claudia Paniagua or Sergio Madrazo as a substitute magistrate, former candidate for the Board of Directors of the CANG who lost in front of Patricia Gámez’s 10th form.

Ochoa would be looking to continue in the CC with the support of Congress. While Lemus, according to some sources, would be looking for support to get his re -election from the USAC.

For now, the CC maintains legal actions pending resolving that could affect the deputies and economically benefit the USAC, by unconstitutional to the 2025 budget that have not been finally resolved.

A position was requested from the social communication of the CC about whether the titular and alternate magistrates would seek their re -election, but at the close of this note no response had been obtained.

From the official side, Semilla Movement, has a complicated scenario at the discretion of Ibarra. “The official wing is very dejected in Congress. The opposition parliamentary forces have rearticulated. They – officialists – have a speech that they can do things, but I doubt they can do it from Congress, ”he added.

The CSJ is also controlled by politicians, so it ensures that the president of the judicial agency will have to choose the titular and alternate magistrate very well. For now a name that sounds like possible magistrate is Alejandro Balsells, an expert lawyer in constitutional issues and that appears as an advisor to the presidency of Arévalo. But when asked, Balsells said he has no knowledge and that for now they have not proposed anything.

Criminal persecution

The criminal prosecution will be in charge of the new attorney general who will take possession to replace María Consuelo Porras, who has remained two periods in office.

The only one mentioned as a possible applicant from the Executive side is Julio Saavedra, who currently serves as head of the Attorney General’s Office. When questioned, he just said that he is currently satisfied in his role as attorney.

This position will be key and the dispute to direct the election was seen since last year when the CSJ measured its forces, according to Pablo Muñoz, of Alliance for the Reforms.

This application commission will be headed by the president of the CSJ, a magistrate who must be elected in the coming months within the Judicial Plenary to take possession on October 13.

“In the case of the CSJ, we have to pay attention because the election of the new president will be even more at odd than the previous one. We must pay attention to the Judiciary, ”Muñoz said.

But the rest of the postulatory members are also important, so that the president of the commission has good options to make the appointment.

“We have to pay attention to many institutions because they are already positioning people in these second -degree elections. For example, two of the five members of the TSE postulator will participate in the attorney general’s postulator ”, referring to the deans of the law faculties that will be elected.

The call made by civil society to citizens is not to neglect inspection. Otherwise, each of the three vital institutions for democracy and justice could have poor performance in the next years.

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