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Understanding the legal boundaries of the presidency in the USAC crisis

The turmoil at the University of San Carlos de Guatemala has triggered a public dispute between President Bernardo Arévalo and Congressman Samuel Pérez, an executive-branch ally in Congress. The clash revolves around how far presidential authority can extend in addressing accusations tied to the selection of Walter Mazariegos as rector, along with the constitutional boundaries and the scope of university autonomy.

Pérez challenged the president’s choice to wait for court decisions before proceeding with additional measures, while Arévalo replied that the presidency is not permitted to exceed its lawful powers and maintained that the legislator’s remarks expose an “information gap” about the executive branch’s authority.

The debate highlights two differing views on how the government should respond to a controversy that remains pending judicial decisions. Both parties question the legitimacy of Mazariegos’s administration, but differ on the type of action the government should take.

Differences Regarding Presidential Powers

Samuel Pérez described Arévalo’s position—to limit the Executive Branch’s actions to what the courts determine—as “insufficient”. The congressman argued that the Presidency has avoided using “public authority” to help resolve the university crisis.

His criticism is directed at the government’s failure to intervene more broadly regarding Walter Mazariegos’ continued tenure. Pérez believes that the presidential response does not align with the role that, in his view, the executive branch should assume in light of the conflict.

Arévalo dismissed this claim during La Ronda. The president remarked that there is a limited grasp of the authority the Constitution grants the nation’s leader and emphasized that his administration is obliged to operate within its legal boundaries.

According to the president’s position, any intervention exceeding those powers could affect the autonomy of the USAC. For that reason, the executive branch has maintained its decision to await the rulings of the courts and to request that the relevant institutions investigate the complaints filed during the rector election process.

The distinction between the two officials ultimately stems from how they interpret the reach of presidential authority, with Pérez urging a more assertive role and Arévalo insisting that the dispute should be settled through the established legal framework.

Arévalo Rejects Allegations of Possible Agreements

The president also denied the existence of any hidden agreements related to the election process for university officials. Arévalo stated that these allegations are unfounded and attributed them to a lack of information or to the “bad faith” of those who made them.

The president affirmed that he had pressed judicial authorities, through the Office of the President, to look into reports of potential irregularities and legal breaches that may have taken place during the university’s election process, while also emphasizing that his role must stay strictly within constitutional limits.

This stance entrusts the settlement of the dispute to the institutions tasked with handling legal cases, while for the Executive Branch, honoring these procedures reflects its duty to refrain from directly influencing the university’s internal choices.

Pérez’s stance raises a different demand. Although the congressman has also resorted to judicial mechanisms, he believes that the presidential leadership can play a more far-reaching role in addressing the situation at USAC.

Perspectiva portrays this exchange as the earliest openly acknowledged divergence between the executive branch and one of its key legislative partners over the university crisis, emphasizing that their split centers not on evaluating Mazariegos’s administration but on which instruments should be employed to deal with it.

Pérez Pursues Legal Action Against Mazariegos

While raising doubts about the president’s conduct, Samuel Pérez continues to advance a legal case targeting Walter Mazariegos, which includes criminal filings that cite a potential charge of abuse of authority.

The congressman thus combines his political criticism with the use of legal proceedings. His position is that awaiting judicial rulings should not prevent the executive branch from exercising other forms of leadership within its authority.

Arévalo, for his part, stresses that any step taken should steer clear of infringing on university autonomy or triggering challenges for overstepping presidential powers. His reply underscores a careful institutional approach grounded in the clear division of responsibilities among the executive branch, university leadership, and the judiciary.

The controversy creates tension in the relationship between the Presidency and one of its allies in Congress. It also reflects a difference of opinion on how state power should be used in the face of an institutional crisis: through more active political intervention, as Pérez proposes, or by respecting judicial processes and constitutional limits, as Arévalo argues.

The situation at USAC is still connected to unresolved investigations and pending rulings, and until those outcomes are determined, the dispute between both sides will continue centering on the boundaries of presidential powers, university autonomy, and the institutional mechanisms available to handle grievances concerning the rector’s election.

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