Título II Capítulo IV. Limitación a los derechos constitucionales

It is the obligation of the State and of the authorities to maintain the inhabitants of the Nation in the full enjoyment of the rights guaranteed by the Constitution. However, in the event of invasion of the territory, serious disturbance of the peace, activities against the security of the State or public calamity, the full force of the rights referred to in Articles 5, 6, 9, 26, 33, the first paragraph of Article 35, the second paragraph of Article 38 and the second paragraph of Article 116 may cease.

Upon the occurrence of any of the cases indicated in the preceding paragraph, the President of the Republic shall make the corresponding declaration, by means of a Decree issued in the Council of Ministers, and the provisions of the Public Order Law shall apply. In the state of prevention, this formality shall not be necessary.

The Decree shall specify:

a)The reasons justifying it;

b)The rights that cannot be secured in their fullness;

c)The territory it affects; and

d)The time during which it shall remain in force.

In addition, in the Decree itself, Congress shall be convened so that, within a term of three days, it may consider it, ratify, amend or disapprove it. In the event that Congress is in session, it shall consider it immediately.

The effects of the Decree may not exceed thirty days each time. If, before the expiration of the stated time limit, the causes that gave rise to the Decree have disappeared, its effects shall be made to cease and, for this purpose, every citizen has the right to request its review. Upon expiration of the thirty-day time limit, the full force of the rights is automatically reestablished, unless a new Decree has been issued to the same effect. When Guatemala faces an actual state of war, the Decree shall not be subject to the time limitations considered in the preceding paragraph.

Once the causes that gave rise to the Decree referred to in this article have disappeared, every person has the right to pursue the applicable legal liabilities for unnecessary acts and measures not authorized by the Public Order Law.

All matters relating to this subject are regulated in the Constitutional Law of Public Order.

The Public Order Law shall not affect the functioning of the organisms of the State and its members shall always enjoy the immunities and prerogatives recognized to them by law; nor shall it affect the functioning of political parties.

The Public Order Law shall establish the applicable measures and powers, in accordance with the following gradation:

a)State of prevention;

b)State of alarm;

c)State of public calamity;

d)State of siege; and

e)State of war.