Título Uno. Protección constitucional

This law has as its object to develop the guarantees and defenses of the constitutional order and of the rights inherent to the person protected by the Political Constitution of the Republic of Guatemala, the laws and the international agreements ratified by Guatemala.

The provisions of this law shall always be interpreted extensively, in such a manner as to seek the adequate protection of human rights and the effective functioning of the guarantees and defenses of the constitutional order.

The Constitution prevails over any law or treaty. However, in matters of human rights, treaties and conventions accepted and ratified by Guatemala prevail over domestic law.

The defense of the person and their rights are inviolable. No one may be convicted, nor deprived of their rights, without having been summoned, heard and defeated in legal proceedings before a competent and pre-established judge or tribunal.

In every administrative or judicial procedure, the guarantees inherent to due process must be kept or observed.

In any proceedings relating to constitutional justice, the following principles shall govern:

a)All days and hours are business days and hours;

b)Procedural acts shall be on plain paper, except as finally decided regarding replacement thereof;

c)Every notification shall be made no later than the day following the date of the respective decision, except for the distance period;

d)The tribunals shall process and decide them with priority over other matters.

In all proceedings relating to constitutional justice, only the initiation of the procedure is upon request. All subsequent steps shall be advanced on its own initiative under the responsibility of the respective tribunal, which shall order that deficiencies in filing and procedure appearing in the proceedings be corrected by the appropriate person.

In all matters provided for in this law, the common laws interpreted consistently with the spirit of the Constitution shall apply suppletorily.