Costa Rica's Justice System at Risk if 'Garantismo' is Abandoned, Warns Magistrate Alfaro

Magistrate Gerardo Alfaro of Costa Rica's Criminal Cassation Chamber has cautioned against altering the nation's "garantista" justice system. He stated that such changes would require more than simple legal reforms, necessitating fundamental alterations to the constitutional underpinnings of Costa Rican criminal justice.

Alfaro emphasized that the "garantista" system, which prioritizes due process and individual rights, is deeply embedded in the country's legal framework. Any attempt to dismantle or significantly modify it would involve a complex and potentially destabilizing constitutional overhaul.

The magistrate's remarks highlight a significant debate within Costa Rica regarding the balance between public security and individual liberties. Critics of the current system often argue it is too lenient on criminals, leading to high rates of impunity. However, proponents, like Alfaro, argue that the "garantista" approach is essential for protecting citizens from state overreach and ensuring fair trials.

Changing the system, Alfaro suggested, would not be a matter of tweaking existing laws but of fundamentally rewriting the rules that govern justice in Costa Rica. This implies a broad societal and political consensus would be needed to undertake such a profound transformation, raising questions about the feasibility and desirability of such a move.

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changing the "garantista" system does not involve simple legal reforms, but rather altering the constitutional bases that support Costa Rican criminal justice.