Maduro vs Guaidó: Who has constitutional legitimacy to govern Venezuela?

Abstract

On January 23, at the end of an opposition demonstration, Juan Guaidó surprised Venezuela and the entire world by proclaiming himself President in charge of the Bolivarian Republic of Venezuela. In his own words, he made the decision based on the articles of the Venezuelan Constitution, articles that would allow, in the absence of a validly elected President, to «entrust» the Presidency of the Republic to the President of the National Assembly. The decision, beyond the political debate, generated a great legal debate that is analyzed through this essay. Who has constitutional legitimacy to govern Venezuela, Maduro or Guaidó? This is the main question we will try to answer.