The president Bernardo Arevalo named the May 5 to Gabriel Estuardo García Luna as Attorney General of the Republic and head of the Public Ministry for the period 2026-2030after choosing him from a list of six candidates sent by the MP Nomination Commission.
Attorney General Consuelo Porras’ term officially ends on May 17, 2026 at midnightso the Gabriel Garcia would assume functions from the first minute of May 18explained an analyst from the ProJusticia Movement.
According to the interviewee, the change in the Public Ministry (MP) It does not necessarily depend on a formal transition process, nor on the physical presence of the outgoing prosecutor..
“On the 17th at midnight Consuelo Porras’ term ends and at 12:01 on May 18 the term of the new prosecutor begins. That is what the Constitution mandates.” ProJustice Movement
The analyst indicated that, once sworn in and appointed, the new attorney general can come directly to the MP and take control of the institution, even when there is no formal handover act.
He added that the administrative and ceremonial acts are only formalities and do not condition the legality of the change of command.
“The ideal would be for the outgoing prosecutor to be there with her entire team and for there to be an orderly administrative transition, but if they are not there, that does not make the takeover unconstitutional.” ProJusticia Movement
Constitutional basis
The analyst recalled that Consuelo Porras formally assumed duties as attorney general May 17, 2022so its mandate remains in force until the end of the May 17, 2026.
Furthermore, he cited the article 251 of the Political Constitution of the Republicwhich states: “The Attorney General of the Republic and Head of the Public Ministry will serve four years in the exercise of his functions”.
Deadlines and expiration of the period
The official sequence of the beginning of Porras’ current administration was as follows:
- May 16, 2022: was sworn in as attorney general in the National Palace of Culture by the then president Alejandro Giammattei.
- May 17, 2022: signed the Agreement 230-2022with which he formally assumed office.
- May 18, 2022: The formal ceremony of taking possession was carried out at the headquarters of the Public Ministry (MP).
Because the legal takeover occurred on May 17, 2022the four-year constitutional period ends on May 17, 2026and the new attorney general would assume functions from the May 18.
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What happens if Consuelo Porras is not present?
The interviewee recalled that the law requires the attorney general to appoint two substitutestemporary for cases of resignation, death, leave or absence.
In that sense, in January 2025through Agreement 02-2025, Consuelo Porras appointed the national coordinating prosecutor, Dimas Jiménez y Jiménezas the first temporary substitute in case of absence. As the second designated figure Sully Claudette Merlos Moya.
Therefore, if Porras were not present to hand over the position, any of the designated officials could temporarily assume institutional representation and carry out the corresponding administrative acts.
“If Consuelo is not there, there is Dimas; and if Dimas is not there, there is Merlos Moya. All of this is already contemplated in the law,” said the analyst, who affirmed that the change of command must be carried out in accordance with the constitutional deadline.
Decisions of the Constitutional Court
The outlook could still change this week, because the Constitutional Court (DC) has several pending resolution protections related to the process, whose decisions could affect the transition of the Public Ministry and in the designation of Gabriel Garcia Lunaappointed attorney general.