Three days after the change in the Public Ministry (MP), The Constitutional Court (CC) referred an injunction to an Appeals chamber that, if declared valid, could jeopardize the change of command scheduled for next May 17.
The judicial action arises in the midst of the transition process between the current attorney general, María Consuelo Porras Argueta, and her successor, Gabriel García Luna, who was recently appointed by President Bernardo Arévalo to lead the MP during the period 2026-2030.
The legal appeal seeks to reverse the attorney general election process and annul the list of candidates made up of the Nomination Commission. The intention of the protection is to also exclude prosecutors and public defenders under the same criteria previously used to exclude career judges.
The protection maintains that the prosecutor’s career and the public defender’s career should not be counted as valid professional experience to qualify for the position of attorney general, because, according to the interponent’s argument, they are not compatible with the liberal practice of law.
The magistrates of the CC would analyze the legal action this Thursday, although they finally decided to refer it to an Appeals chamber for the corresponding processing.
If the designated room declares the protection admissible, there is the possibility that the process of integrating the list of candidates will be repeated with new evaluation rules. This scenario could also nullify the appointment of García Luna as head of the Public Ministry.
The resolution occurs while the institutional transition process progresses. This Thursday, May 14 A meeting was held between Porras Argueta and García Luna, in the formal beginning of the administrative change within the MP.
On May 12, the CC did not grant provisional protection in a group of resources, decision that allowed the work carried out by the nomination commission, the list of six candidates delivered to President Bernardo Arévalo and the appointment of García Luna to remain in force.
María Consuelo Porras will leave office after eight years at the head of the Public Ministry. His replacement must assume duties next Sunday, May 17.
Among the actions known on May 12 was an amparo presented by José Chic, deputy of Will, Opportunity and Solidarity (VOS); another promoted by Ricardo Méndez Ruiz and Raúl Falla, members of the Foundation Against Terrorism (FCT).
In addition, Fernando Linares Beltranena, constituent and former congressman, filed an unconstitutionality action related to the same process; However, none of the actions obtained a provisional resolution.
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