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Since the beginning of July 2023, when the actions of the Public Ministry began to threaten the integrity of Guatemalan democracy, we have been experiencing an exceptional historical period, so much so that we can say that it is the most relevant in recent history. A real watershed that will determine what is truly possible. change A matrix of exclusivity and authoritarianism has characterized Guatemalan society since the founding of the country in 1824. Or, rather, strengthen Guatemala is one of the least change-resistant societies in Latin America, a structural feature that makes it typical because of the ironclad rule of local elites.
To understand the claim that there is limited room for change in Guatemala, it is necessary to consider what is now obvious thanks to the ongoing work of the Public Ministry: this legal framework is highly susceptible to political manipulation due to the anomie character on which it is based. It is worth remembering here that anomie is the absence of law. Although I have argued this on many occasions, this time I want to focus on one of the most problematic aspects of anomie environments: the profound legal anomie that characterizes them. At the time I spoke of “regulatory anomie,” a paradoxical concept, since the rule of law was created specifically to regulate sociopolitical behavior and to promote a stable and clear environment conducive to peaceful coexistence by combating opportunistic behavior.
(frasepzp1)
The theory speaks of opportunism when the attitude of seeking quick profits prevails, even if it means the poverty and corruption of the entire current legal and institutional environment. Although, strictly speaking, such behavior is also valid from a rational point of view. From the perspective of ethics and faith, the anomie environment is like a kind of “open ark” in which even righteous people can commit crimes; therefore, opportunistic behavior is the most logical and predictable. Maybe this is why we have so many “good, fair, and prepared” people who turn into their worst selves when they hold public office.
Guatemala’s current legal and institutional framework has many abnormal features: a large number of legal gaps and contradictions that favor ad hoc interpretations by those in power, as well as bad practices committed by judges and magistrates in interpreting the law. Clear fraud, legally classified as pre-vicarial. This was reflected in a recent decision of the Constitutional Court, which for the second time supported the reinstatement of Jorge Mondal, despite the fact that he did not meet the legal requirements to continue in office as head of the workers’ party.
Today, this legal anomie is so severe that the Public Ministry has become a real parallel state. It uses its persecution capacity as a real sword of Damocles, wielding left and right against anyone who dares to question its actions, which is really worrying because it violates the checks and balances principle of modern constitutional democracy.
If we analyze Guatemala’s political history, we find numerous cases of legal anomie in the past, but it is during this historical period that this phenomenon has really come to the fore. This has certainly had its negative and positive sides.
Negative, because the latest actions of the deputies have already demonstrated the intention to prosecute or even dissolve the government of the current president, Arevalo. Positive, because if democracy finally triumphs, the evidence of the pending challenges will be clear: reducing the anomie character of Guatemalan society and establishing a more clear, transparent and stable environment conducive to peaceful coexistence and the full effectiveness of the rule of law.
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