Copyright (c) 2026 Miriam Zelaya
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This article discusses criminal electoral inmunity, which provides protection toensure the excersice of passive suffrage, therebby promoting equiality in political participation, as right that is found in the American Convention on Human Rights and other international instruments.We highlight that the first Electoral Code, established in 1958, regulated the figure of electoral immunity for members of electoral bodies participating in general elections. However, criminal electoral inmunity, through subsequent electoral reforms, expanded its regulations regarding the protection of candidates participating in electoral contests, aiming to prevent campaigns from being interrupted by judicial or labor matter. Citizens perception is important, as this figure is significant both of the candidate and for the electoral that supports them, particulary regarding its duration and validity that is according with the electoral reforms. The opinions and reasoned votes of the Supreme Court of Justices have shown different viewpoints in interpretations, both in favor and against decisions made by Electoral Tribunal as well as the Supreme Court of Justice.
