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Legal challenges and presidential authority in the USAC crisis

The crisis at the University of San Carlos de Guatemala has sparked a public disagreement between President Bernardo Arévalo and Congressman Samuel Pérez, an ally of the executive branch in Congress. The disagreement centers on the scope of presidential powers in response to allegations related to the election of Walter Mazariegos as rector, as well as on the limits established by the Constitution and 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.

Distinctions Concerning Presidential Authority

Samuel Pérez characterized Arévalo’s stance—restricting the Executive Branch’s actions to whatever the courts dictate—as “insufficient”. The congressman contended that the Presidency has refrained from exercising “public authority” to address 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 rejected this argument during *La Ronda*. The president indicated that there is a lack of understanding regarding the powers the Constitution grants the president and noted that his administration must respect the legal limits of its actions.

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 difference between the two officials, therefore, lies in their interpretation of the scope of presidential action. Pérez calls for more active involvement, while Arévalo maintains that the conflict must be resolved through existing legal procedures.

Arévalo Dismisses Claims of Potential Deals

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 position places the resolution of the conflict in the hands of the institutions responsible for adjudicating legal proceedings. For the Executive Branch, respect for these procedures is part of the obligation not to intervene directly in the university’s internal decisions.

Pérez’s position introduces a separate demand, and while the congressman has likewise turned to judicial channels, he maintains that the president’s leadership could exert a broader influence in dealing with 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 Initiates Legal Proceedings Against Mazariegos

While questioning the president’s actions, Samuel Pérez is pursuing a legal agenda against Walter Mazariegos. Among the actions mentioned are criminal complaints alleging the possible offense 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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