The need for the application of States of Exception

Abstract

PROBLEM: It is crucial to carry out a doctrinal and legal analysis of the states of exception in Guatemala and their correct application, considering the historical background, their emergence and application in the country. OBJECTIVE: Analyze the Political Constitution of the Republic of Guatemala and the Public Order Law to determine if its application is correct or incorrect. METHOD: An investigation was carried out with a hermeneutic descriptive approach, examining material background related to the reasons that may require the suspension of guarantees, essential in the Exception Regime. RESULT: In a Constitutional State of Law, where both rulers and governed are subject to the supremacy of the Constitution, which emanates from popular sovereignty, states of exception are not inopportune. On the contrary, it acts as an escape valve that allows the State to fulfill its main obligation: to protect and materialize the fundamental rights of the human person, guaranteeing security and well-being in extraordinary circumstances. CONCLUSION: The states of exception, according to the Public Order Law, lack a clear procedure for their implementation, which generates limitations on constitutional guarantees without specifying which ones. This can lead to violations due to ignorance. The affected population does not receive adequate information about the state of emergency and the responsible authorities are not well instructed about the guarantees that should be suspended.