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University of San Carlos of Guatemala

Faculty of Law and Social Sciences
Asignatura: Introducción al Derecho I
First semester 2022

MODULE NINE

NATIONAL REALITY WITHIN THE GUATEMALAN LEGAL SYSTEM

1.- Background.
2.- Social reality.
3.- Economic reality.
4.- Legal context.
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UNIVERSITY OF SAN CARLOS DE GUATEMALA

FACULTY OF LEGAL AND SOCIAL SCIENCES
FIRST SEMESTER, YEAR 2021 CODE 205
COURSE: INTRODUCTION TO LAW I
OFFICIAL PUBLICATION

SUMMARY TEXT OF THE DOCUMENT PREPARED BY LICENSEE LEONEL

ARMANDO LÓPEZ MAYORGA, NAMED:
NATIONAL REALITY AND GUATEMALAN LEGAL SYSTEM

BACKGROUND
One of the main characteristics of the Guatemalan country is that its majority population is
Indigenous that consists of 4 Peoples and 21 Maya ethnic groups. The Maya People is constituted by
approximately 60% of the current population. This population has been particularly
discriminated, excluded and marginalized into poverty.

Reviewing the history of the country, 1944 was an important year that marked the history of
Guatemala with relevant facts for Guatemalan society. The governments
democratic, which lasted a decade, ended with the overthrow of Jacobo Árbenz
Guzmán, who was deposed through a coup supported by the CIA and the
U.S. government.
Guatemala has had a political trajectory characterized by: excessive state violence,
widespread abuse of Human Rights and impunity; weakness of institutional framework
state; militarization of the state and society and economic, social, and
cultural. For decades - and currently for most Guatemalans - the
The state has been synonymous with militarism, violence, discrimination, racism, corruption and
criminalization, without justice, equality, and equity.

Social reality:
Guatemala has entered a period of accelerated decomposition in various
manifestations of civic life, including morality and values of coexistence. That
decomposition, is also manifested in the ruin of politics, legality, and in the
loss of the mission of public institutions. The sociopolitical relations that
they are built from the State and serve as a reference for society as a whole, they are mediated
almost exclusively due to patrimonialism, clientelism, and corruption.
Additionally, the social crisis has been exacerbated as a consequence of the precariousness of
employment, the blocking of small and medium enterprises, but would represent multiple
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productive investments with broad benefits for the population, and weak health policies,
education, housing and nutrition.
The flight of young talents is observed across all strata of society and in
practically the entire national territory; young people who no longer find a future in
Guatemala. The loss of human talent and the forced degradation of values
Coexistence is the definitive indicator of a country descending into chaos, as has happened.
in some countries of Africa and the Caribbean.

This set of problems brings us dangerously close to a condition of social dissolution.

due to the loss of the legitimate authority materialized in the State. According to Group four
There are five major problems affecting Guatemala: (Bermúdez 2006)
1.- "The increasing impoverishment of the vast majority of the population, whose cause lies
essentially in the markedly neoliberal socioeconomic model that privileges the
interests of entrepreneurs and multinational companies...
2.-“The increase in violence, which is reaching incredible limits:…The violence
it has very varied roots, from organized crime with its different branches in the
drug trafficking and the mafia, to juvenile delinquency, known under the phenomenon of
maras...
Human rights violations continue because: 1) the structures of terror
they were never dismantled; these parallel groups have economic and political power,
military and continue to operate with impunity. The State has neither had the capacity nor the will
policy to control them or dismantle them; 2) the structures of democratic security
they remain weak and ineffective, the Public Prosecutor's Office, which is the body responsible for the
criminal investigation and prosecution do not work effectively; 3) there is persistent militarization
generalized among the population; 4) the international context fuels behaviors
violent, acquiring the character of predominant policy.
3.- “The inefficiency of the justice system, which is arbitrary. It is manipulated by decisions.
government policies, economic pressures, and parallel powers...
...It is concerning the lack of access to justice for a large part of the population.
due to the strong influence that various de facto powers exert on the system of
justice."There is a marked exclusion for rural areas in the healthcare system and the
basic and diversified education.

4.- "The degradation of human values. Violent behaviors, criminality,

corruption, marked individualism, competitiveness, the desire for profit,... have
increased in the country." "The decline of ethical values greatly affects the entire
human reality, to family, social, economic, political, and cultural life." "The system
national education, far from promoting the development of human values, is undermining them
excluding from the training program.
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5.- 'The destruction of the environment. First of all, it should be pointed out that Guatemala is
a high-risk country due to its structure and geomorphological location, prone to
earthquakes, hurricanes, and tropical storms. The risk and disasters are exacerbated by: 1)
the alarming deforestation due to the excessive logging of trees with the consequent loss
of biodiversity and soil erosion; 2) the garbage dumped on roads and ravines;
3) the pollution of streams, rivers, lakes, and coastal areas with all kinds of waste
solids and liquids. 4) the contamination of aquifers due to mining exploitation
gold and silver in open sky...

Economic reality:
The country has been characterized by having a macroeconomic foundation, low credit that is
it must primarily be granted to Banguat. Our economy is dominated by the
private sector that represents 85% of the total production of the country and accounts for 75% of the
exports and the largest trading partners remain, the United States, the Eurozone,
Central America and Mexico.

The main weaknesses of the Guatemalan economy continue to be the low level
of tax burden, the little public investment and the low level of development indices
human and living conditions mainly (50% of the population is at indices
due to poverty) this must be added the lack of security, institutional framework, and legal certainty
that does not promote foreign direct investment as we desire and need. Furthermore, not
There is a coherent policy for long-term economic growth and development.
There are short-term government policies, but not long-term state ones, and the disbursement.
In social investment and infrastructure, it remains low.

Economically Active Population:

This refers to the part of the total population that participates in economic production. In the
for statistical purposes, all individuals over the age of
a certain age (15 years, for example) who have a job or who, not having one, are
looking for it or waiting for one. This excludes pensioners and retirees, to the homemakers.
from home, students, and minors.
Not all the population of a country constitutes its workforce, since not everyone is in
ability to work or not everyone wants to work.
So it is necessary to divide the total population of a country (or region) into two groups:

1.- The working-age population.

2.- The population that is too young to work as they are not of working age.
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Nor are those individuals included in the workforce who, for some reason,
Disease or other types of impairments cannot work.
It can be said then that the working-age population can be divided into two
large groups:
1.- The economically active population.
2.- The inactive population.

Guatemalan legal system:

The current Political Constitution of Guatemala was promulgated and sanctioned in 1985 and
reformed later in 1993. In it, the State is organized around the protection of the
the person and the family, their supreme end is the realization of the common good, the system is established
de gobierno republicano, democrático y representativo. La soberanía reside en el pueblo,
it is recognized that the country develops on multicultural and multilingual bases, and its
ethnic diversity.
Its territorial scope is organized into departments, municipalities, and the latter.
they enjoy autonomy and their government is elected popularly.

Powers of the State:

They are the powers of the State, the legislative body, the executive body, and the body
judicial. Subordination between them is prohibited.
The highest authority of the executive body is the President, who is the Head of State, followed by
in hierarchy the Vice President, the ministers, and the deputy ministers. The President and
Vice Presidents are elected by popular vote, they have ministries, secretariats, and directorates.
general, autonomous and semi-autonomous entities.
The legislative power belongs to Congress, made up of deputies elected for a
four-year period. Its main powers are to decree, repeal, and reform the
laws; approve, modify or reject the general budget of income and expenses of the State;
decree taxes; declare war; decree amnesty for political and common crimes
connections; carry out operations related to external debt and approve before its
ratification of international treaties that affect laws or national sovereignty.
The judicial body is composed of the Supreme Court of Justice, the courts of appeals,
the courts of first instance and the peace courts. These tribunals are responsible for
exclusively the power to judge.
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Other institutions of the Guatemalan State:

The 1985 Constitution established three institutions aimed at strengthening the State.
of Law: the Constitutional Court, the Supreme Electoral Tribunal, and the Public Prosecutor's Office
of Human Rights.
The Constitutional Court has the essential function of defending the order.
constitutional and corresponds to the constitutional control of laws.
The Supreme Electoral Court is responsible for calling, organizing, and overseeing the processes.
electoral.
The Ombudsman is a delegate of Congress, whose purpose is
main responsibilities to investigate and report harmful conduct to the interests of the
people and human rights violations.

Constitutional Guarantees:
The Constitution recognizes both individual rights and social rights and the
civil and political rights. Among the former are the right to life, the
physical integrity, safety, equality, and freedom. It also enshrines the freedom of
thought, of religion, of association and free movement.
Among the procedural guarantees, it establishes the principle of legality, the principle of presumption.
of innocence, the right to a fair trial, the writ of habeas corpus and the process
of protection; it also provides for the right to asylum, to petition, to assembly and demonstration and the
inviolability of correspondence and of residence.
Among the social rights, it recognizes the right to education, culture, health, and the
work. Lastly, the right to choose and be elected is established.

Guarantee of private property and free enterprise:

The Pillars on which the Guatemalan legal system is built, according to Santiago López
Aguilar son:
The guarantee of private property.
Corresponding to a country with economic and social relations aimed at an incipient
capitalism, although there are still remnants of a feudal nature and its production is based
fundamentally in agricultural exploitation, which does not prevent that in recent years,
Has there been any growth in the industrial and construction sector...?
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El artículo 39 de la Constitución Política de la República dice:

Private property is guaranteed as an inherent right of the human person. All
A person can freely dispose of their property in accordance with the law.
The State guarantees the exercise of this right and must create the conditions that facilitate it.
the owner the use and enjoyment of their goods, so that progress is achieved
individual and national development for the benefit of all Guatemalans.
Article 41 of the Constitution establishes:

Protection of property rights. Due to political activity or crime, it cannot

to limit the right of property in any way. The confiscation of property is prohibited and
the imposition of confiscatory fines. Fines shall under no circumstances exceed the value
of the omitted tax.

Free enterprise.
This constitutes one of the foundations for the existence of the mode of production.
capitalist, whose requirements are:
First of all, the existence of a free labor force, that is, the existence of
free men from the means of production, dispossessed of all means of livelihood, with the
exception of its own energy. Secondly, the existence of an exchange market
for money, both from free work and from the products of that work. Thirdly,
And as a premise of the above, a profound division of labor (the result of the development of the
productive forces) that creates the need for a market to supply the different
branches of production. Fourthly, the prior accumulation of wealth (means of
producción dinero) enmanos de una minoría”.
The Political Constitution of the Republic in its article 43 states:

Freedom of industry, commerce, and work. The freedom of industry and commerce will be recognized.
and work, except for the limitations imposed by social reasons or national interest
the laws.
The interpretation of the Constitutional Court in this regard is as follows: '...
trade, understood as the individual or collective activity, intermediating directly or
indirectly between producers and consumers, with the aim of facilitating and promoting the
the circulation of wealth is especially recognized and protected by the article
43 of the Political Constitution of the Republic, which stipulates that the same can
exercise freely, except - states the norm - the limitations that for social reasons or
national interest impose the laws. As can be seen, this precept formulates a
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reservation regarding the fact that only through laws - enacted by the Congress of the Republic -
the activity of commerce can be restricted...

BIBLIOGRAPHY
Bermudez, Fernando. Document: Report on the situation in Guatemala, August of
2006.
Hernández M., Elsa. Document: National Reality and Social Work, prepared by the
Researcher, University of San Carlos of Guatemala, School of Social Work
Guatemala, June 2015.
López Mayorga, Leonel Armando, Introduction to the Study of Law II, 4th Edition
Guatemala, 2011.
Publication: Considerations on the current situation in Guatemala, Group 4, Monsignor
Oscar Julio Vian, Metropolitan Archbishop of Santiago de Guatemala; M.A. Jorge E. of
Lion; Ombudsman; Reverend César Vásquez President of the
Evangelical Alliance of Guatemala; Dr. Carlos Alvarado Cerezo Rector of the University of
San Carlos de Guatemala. Guatemala, 2014.
Social Work Journal: No. 31 Human Development, University of San Carlos of
Guatemala, School of Social Work, HUMAN DEVELOPMENT, "Institute of
Investigations T.S. ANGELA AYALA” Guatemala, 2012.
[Link]
World Bank, Guatemala, Overview consulted, Guatemala 2017.
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ATTACHED DOCUMENTS:
DEFINITION OF NATIONAL REALITY (*)
The concept of realities is very broad and lends itself to all kinds of debates and analyses.
It can be said that the notion refers to that which has an existence.
authentic and true, unlike what takes place in a fantasy setting
or in the imagination.
National, for its part, is an adjective that refers to what is related to
a nation. This idea (nation) refers to a country or to the community of
people who share a territory and are governed by the same authority
authority.
From these definitions, we can understand what national reality is:
It deals with the set of events that occur in a country, which
they can be interpreted in multiple ways.
In other words, national reality is the same as individual reality, which encompasses
everything that exists objectively but perceived through subjectivity, with
the difference is that it is limited to the confines of a nation in
particularly, taking into account the social, political, cultural, spiritual, and
physical-natural. Let us not forget, on the other hand, that all beings that make up
a nation, we are also part of its national reality.
Within the national reality, we can find very varied events:
political facts, social issues, sporting events, cultural activities...
Making a cut of the national reality, in short, can turn out to be very
complicated.
As is the case with many other concepts of this type, there is a large number of
possible definitions, each from a different point of view, since it is about
of an abstract term based on another one that is also abstract.

The Center for National High Studies (also known by its acronym CAEN, a)
Peruvian academic institution), provides a complete formal definition of reality.
national.
The definition of CAEN condenses in a very orderly manner the elements that
they shape the national reality, and highlight certain nuances to take into account:

The relationship between situations, resources, knowledge, phenomena,

the media, etcetera, that are part of the national reality. It is not about
isolated issues, but it is only when their function and influence are appreciated
within the system that is part of this concept;
The changing and dynamic nature of them. History teaches us that the
evolution is inevitable, that we cannot anticipate the reality of the future nor prevent
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that our environment, understood not only as the physical medium but also as the
culture, change;
Its potential character, since not only what can be observed is studied in the
moment, but rather different hypothetical situations that could be considered.
detach from the current reality;
They are understood within a timeframe. As defined in a previous point, the
National reality must always be understood in a historical context, in a time period.
determined, as it is not possible for it to remain intact over the course of
years.
It is important, therefore, to understand the difference between objective reality and the
subjective reality. The objective refers to what actually happens, beyond
of the observer in question. The subjective, on the other hand, depends on the perspective of the
same. This means that the national reality can be analyzed from the
objectivity, taking concrete facts, and then interpreting from it
subjectivity.
It can be said, in general terms, that the media informs reality.
national to society. In any case, it should not be forgotten that any newspaper
The news report is just a summary of what happens, done subjectively.

(*) REFERENCE:
Autores: Julián Pérez Porto y Ana Gardey. Publicado: 2013. Actualizado: 2015.
Definition of national reality([Link]
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DEFINITION OF SOCIAL REALITY (**)

That which has a true and authentic existence is part of the
reality. The real, therefore, can be understood in opposition to what belongs to
realm of imagination or fantasy.
It is possible to distinguish between different types of realities as, given the breadth of the
In concept, events are often restricted to certain sectors or considered as
particular ways to make a cut.
In this sense, it can be said that social reality is a construction
symbolic developed by a certain society.
In the world, social reality combines numerous subjectivities.

Objective reality and subjective reality

It is important to understand the difference between objective reality (the one that exists
independent of the observer) and subjective reality ("constructed" according to the
individual perspective). Social reality, in this sense, is a combination
of multiple subjectivities, which leads a community to analyze what
it occurs from certain parameters, prejudices, etc.
The current social reality has little or nothing to do with that of previous times.
Thus, specifically this is the result of a series of changes that have led to the current situation.
be determined by a decline in birth rates and an increase in life expectancy
life, a palpable demographic concentration in large cities, the
the incorporation of women into the labor market, the increase of the middle class, the
development of the leisure society, the modernization of systems of
communication and transportation, the diversity of family types.
All of this is the result of a societal evolution and also of the development of
different interventions that are established within the social sphere, both at a level
individually as well as collectively and even communally speaking.

The construction of social reality

They are the people who live in the same society, therefore, those who
they build social reality based on the interactions they maintain between
Yes, and with the environment. In this dynamic process, communication plays a role.
essential for the transmission of concepts and for sharing ideas.

The media influences the development of social reality.

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By extension, social reality is influenced by the media.

massive, which allow conveying the same message to multiple recipients in a way
simultaneously. This reveals the power that the media have: an idea conveyed through
they can modify social reality, that is, modify the way in which the
the community understands what happens inside its own society.

Some characteristics
In addition to all the above, it is important to know other relevant information and
relevant to the so-called social reality, such as these:
It varies over time and also with the assimilation of new concepts.
of an empirical nature that are gradually being discovered.
Within it, countless economic factors are included such as the
labor force, financial crises, means of production, consumption,
etcetera.
Social reality is constituted and changed by various elements such as
the very people who are part of it, the communities, the
institutions, the existing communication systems, the motivations of each
one of its individuals, the controls that are socially established, the norms
and the roles.

(**) REFERENCE:
Autores: Julián Pérez Porto y María Merino. Publicado: 2013. Actualizado: 2021.
Definition of social reality([Link]
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DEFINITION OF ECONOMIC REALITY (***)

The economic reality is the aggregate of economic events that occur.
in a society.

This concept is a very widely used concept, but little theoretically worked on.
individual form. We say in individual form, since it is actually carried out
studying continuously. What does economic science study? Reality
economic. That is, it tries to explain what happens in reality, what is true or
Truth. Reality is what is shown and occurs.

Therefore, economic reality has a lot to do with economic theory. To

less, that is, hypothetically. That is, economic theory tries to study, in
a large majority of cases, to the economic reality.

Other uses of the concept

Putting aside the theoretical aspect of the concept, its use can be extended to analysis.
economic of a certain situation. For example, to respond to the
pregunta: ¿cuál es la realidad económica del país X?

What the one asking seeks as an answer is to know what is happening in

the country. The answer could be: 'In country X thegross domestic product
GDPis growing at a rate of 3%, theinflationifremains stable at 1.5%.
job creation is slowing down. If we pay attention to the sectors of
economic activity, we can verify how the agriculture sector is the one that
is causing this slowdown in job creation, perhaps caused
due to changing weather conditions. For its part, the industrial sector
and the service sector maintains the levels of growth it had been showing
last year. Finally, addressing the metrics that indicate the distribution
of income and the risk of poverty, we can verify that the positive evolution
is contributing to improving equality among its citizens and reducing
risk of poverty, which has decreased from 13% to 11% over the last year.
The above would be a very simple example of what it would be to describe reality.
economy of a country. As can be seen, it has also been included in it,
social metrics that the economy is also responsible for. The reality
economic is not only profitability and risk, there are also other aspects that are difficult to
to measure but equally or more important.

(***) REFERENCE:
José Francisco López
Editor-in-chief of Economipedia. He has a degree in Economics from the University of
Murcia (Spain) and a master's degree in Project Management and Administration from IMF
Business School (Spain).
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LEGAL CONTEXT (****)

The context term (from Latin: contextus; known also like

contextmaterialy contextabstractosymbolic), is thesetof
circumstances(materialso abstract) that are produced around
an event or situation given that is reliably verified.

As legal, we designate everything that is related to or concerning the

law, its exercise and interpretation.

Legal are, therefore, the legal framework of a State, the acts of a person.
valuable by law, or the system that constitutes the set of laws and regulations
por el que se rigen los ciudadanos de un país o nación.

The word, as such, comes from the Latin iuridĭcus.

The legal context constitutes the framework of legal regulation that impacts reality.
social and economic of a Nation.

The legal framework encompasses the set of rights and obligations that must be
citizens of a State. In this sense, the legal framework includes
from the constitution and the laws to the regulations, decrees, agreements and
provisions aimed at regulating coexistence among people in
a specific place or country.

The legal system of a country or state is composed of the set of norms

objective legal provisions that are currently in force, as well as all those regarding the
prevailing attitudes and ideologies about what law is, what it should be
function in society and how it should be created, interpreted, applied, taught,
study and modify itself. In this sense, each country has its own legal system,
his way of understanding the law, its function, values, and principles.

(****) REFERENCE:

[Link]
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STUDY GUIDE
MODULE NINE
NATIONAL REALITY WITHIN THE GUATEMALAN LEGAL SYSTEM
Instructions: Develop the issues -that are indicated below-
related to the topic NATIONAL REALITY WITHIN THE SYSTEM
GUATEMALAN LEGAL.
1) Express your opinion related to the political trajectory of Guatemala in the
recent times.
Explain what is meant by the so-called national reality.
3) Establish what is referred to by the term social reality.
4) Enumerar cuáles son los cinco grandes problemas que afectan a Guatemala,
according to the criteria of Group Four.
5) Explain what is meant by the so-called economic reality.
6) Research and define the concept of human development index.
7) Indicate the origin of the so-called human development index and the
importance of it.
8) List some elements that qualify within the concept of index of
human development.
9) Define the concept of economically active population.
10) Mention three institutions created in Guatemala to strengthen the State of
Law.
11) Define the concept of constitutional guarantees and indicate five that are present.
contemplated in the Guatemalan legal system.
12) Identify the pillars on which the legal system is built.
Guatemalan.
13) Investigate and define the concept of 'Failed State' and establish - through
personal opinion - whether Guatemala qualifies or not within that term.