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Plagued by corruption and ineffective institutions, Venezuela has continuously ranked at the bottom of global judicial systems. According to the World Justice Project, Venezuela was ranked last on the Rule of Law Index and low, if not last, in terms of regulatory enforcement, civil justice, and criminal justice. With many prevalent corruption and human rights cases in their court system, it is crucial to Venezuela’s population for there to be legitimate and decisive verdicts. Considering that the legal system of the country faces a legitimacy crisis, the people have no enforceable rights and lack faith in the rule of law. When reformed, Venezuela can become a model to the rest of Latin America and the world that corruption can be terminated and law can prevail even in difficult situations.
The Supreme Tribunal of Justice is the highest court in Venezuela. It consists of 32 justices that are initially nominated by the Committee for Judicial Postulations and then elected by the National Assembly for one 12-year term. Within this court, there are six different divisions: Constitutional, Political Administrative, Electoral, Civil Appeals, Criminal Appeals, and Social Issues Appeals. These divisions combine to have the final ruling in any law or regulation dispute, conflicting government branch disagreements, and sentencing of high public officials. Additionally, lower courts litigate civil and criminal cases which are broken into: commercial, criminal, labor, tax, custom, administrative, juvenile, military, and agrarian. Each of these areas has a hierarchy of courts in terms of: Parish Courts, District Courts, Courts of First Instance, and Superior or Appeal Courts. Cases can be appealed in this hierarchy, but they cannot be disputed in more than two courts. There are also some other key actors in the legal system. The Prosecutor General provides opinions in criminal cases, employee misconduct violations, and the constitutional rights of civilians. The Ministry of Justice and Internal Affairs oversees prisons and is the leader of the Bureau of Intelligence and Prevention services. The National Intelligence Agency of Venezuela investigates crimes in the country. Lastly, the Executive Office of the Magistracy oversees lower courts and the selection and training of judges.
Venezuelan law is different from American law in that it is based on “written law” and not “common law.” In other words, Venezuelan law was founded largely upon codes while American law was developed by judges’ decisions and interpretations. There are many codes in Venezuela that form the basis for proceedings. The Commercial Code, “regulates commercial transactions and entities, negotiable instruments, and bankruptcy.” The Criminal Code, “establishes the criminal offenses which are punishable by law.” Organic Code, “defines the procedures that are to be followed before the criminal courts.” Finally, the Code of Civil Procedure, “defines the procedures required to litigate before the civil courts.” The significance of these codes is that they do not hold the same legitimacy as common law systems. Many times when court decisions are not binding and there is existing corruption within institutions, people do not abide by a country’s laws.
A major issue in Venezuela is that the law is not independent of politics and exploitation. Judges and judicial officials render conclusions based on political alliances. The judiciary system is where real changes can be made to address issues such as corruption because the law can help root out corruption. However, it is being hindered by a corrupt system in itself. The dysfunctional criminal legal system of Venezuela is in need of reform in terms of the entire correctional process. The current government and judiciary system of Venezuela are viewed as infringing on rights, inhibiting justice, limiting the freedom of expression, and depriving transparency.
The Venezuelan legal system is also weaponized to repress opponents of the current government. The theme of the institution lacking independence holds true because human rights violations, facilitated by the law, have been committed against opponents to the President and the administration. There have been 183 perceived government opponents that were jailed for no other reason than their beliefs opposing the current administration. Such men and women have been tortured while in jail as well, with judges at the forefront of violating people’s rights. Prosecutors and judges alike are puppeteered by Venezuelan elites to deny rights to government opponents. While no high level officials have been held responsible for their crimes. By prosecuting those who oppose the government, Venezuela’s judicial system harms free speech in the country and limits their citizens rights Some judges have stood up against this corruption; however, they have been later intimidated and coerced by officials to provide a favorable outcome. In a study, half of the former judges interviewed fled Venezuela for their safety. Ultimately, the role of the Venezuelan government in the judiciary must be abolished so that the present political influence stops controlling the legal system and subsequently affecting society.
International law has failed to reform this corruption in Venezuela. Despite the blatant evidence against President Nicolás Maduro and the presiding legal system, there have been no lasting changes by the international community to improve the country. The International Criminal Court (ICC) and International Court of Justice (ICJ) are two international bodies that can facilitate these innovations. However, since international rulings are not binding, it is unlikely that Maduro will make significant adjustments based on their rulings. The ICC is in the process of investigating human rights abuses within the country, yet this is a lengthy course of action. Regardless, the message the ICC and the ICJ can send to the international community by holding Venezuela accountable will be an important step in the right direction to mitigate injustice in the legal system.
Recently, Venezuela has come under scrutiny of the UN Human Rights Council. Dialogue during this discussion was largely focused around the crackdown on dissent in the country. Venezuelan citizens have been dealing with extrajudicial killings. People, especially in poor areas, who do not support Maduro are the target of these killings. This comes with many human rights abuses tied to the judicial system. There are also arbitrary arrests and reports of torture as journalists, human rights defenders, and everyday civilians are targeted by the government. All of these killings and the lack of accountability in the legal system are under investigation by the ICC Prosecutor’s Office. These structural issues are life threatening to the civilians and show the lack of judicial independence in the country.
Despite current and past shortcomings, new reforms are being implemented to combat the corruption of the legal system in Venezuela. For example, issues in local communities are now encouraged to utilize mediation to form a resolution. Additionally, there is a new accusatorial system that allows citizens to have a more active role in legal decision making. While juries are currently abolished in the country, if juries were to be implemented, democracy could thrive to a higher extent through increased political participation.
Overall, Venezuela’s legal system is marred with corruption and a dependence on politics. The repression of political opponents is rampant, and corrupt officials enable dishonest judges and perpetuate a cycle of injustice in the country. With greater civilian participation in the judicial system and accountability from the international community, Venezuela can be reformed. When greater rights are recognized and protected through the law, the people will respect the authority of the country more and view the rule of law as legitimate. This can serve as an example to other countries that the law can be a guiding force for change. Laws lead the people of society and when the systems that employ them become harmful, progress is halted. The general well-being of Venezuela’s society can be improved when the law is prioritized and equitable.