We’ve all had that moment. Driving through our city streets at night, when suddenly, the silhouette of a patrol car is reflected in your rearview mirror. You tense up, you haven't done anything illegal, you’re not driving drunk, but you feel vulnerable; all you can think is, "please don't let them stop me." The patrol car turns on its siren, and immediately, an abysmal anxiety and uncertainty flood your body. You have no idea what might happen, hundreds of negative scenarios fly through your mind, and you ask yourself, "Why do things have to be this way?"

Abuses of power can occur from the moment a police officer stops you until you are in front of a judge. But it is precisely the judge who is called upon to ensure the correct application of the law. Every republican state should have a judicial body that can provide its citizens with a solid administration of justice that defends and strengthens the Rule of Law.

However, Guatemala currently has an inoperative system, which can hardly be said to protect our individual rights and freedoms. If we want to see real change, it is of utmost importance that as Guatemalans, we inform ourselves and learn about the state of our justice system, as this is the guarantor of our rights.

The Administration of Justice

The Judiciary is responsible for judging and promoting the execution of judgments, applying the law to resolve conflicts arising from relationships between individuals in society to maintain social peace, stability between powers, and guarantee the protection of individual rights. The judge, using their discretion in the correct application of laws, resolves the dispute. The judge's decisions must be technical and impartial, which is why we must prioritize the independence of the judge and take this as the basis of the administration of justice.

While it is true that the influence of political and social factors on justice is inevitable, we must strive to neutralize their effects and ensure they are as transparent as possible. Currently, one of the obstacles facing the justice system in Guatemala is pressure from other powers, from external factors such as politics, public opinion, and the media, and even from other justice operators such as prosecutors.

To rescue and guarantee the independence of judges and for them to perform their functions correctly without unnecessary pressure, the following must be done:

• First, conduct a thorough review and reform of the regulations governing the functioning and organization of the judicial system.
• Second, separate the administrative and judicial parts of the institution; the judge should only focus on resolving cases and not on administration.
• Third, minimize the interference of both external and internal agents in the selection and election processes of magistrates.
• Fourth, demand that everyone without exception, particularly the Public Prosecutor's Office, observe the procedural guarantees established in the Constitution. For example, the presumption of innocence and the prohibition of presenting detainees to the media.

The Impact and Importance of Justice

While conceptualizing justice is a difficult task due to it being an abstract and polysemic term, it remains an elemental pillar in the development of a republican and democratic state where the Rule of Law and respect for the fundamental rights of its individuals prevail. Justice is indispensable for achieving peace and social harmony. Furthermore, it fuels both personal and social development. Having a judicial body that correctly administers justice is essential because, without this institution, norms could not be applied, and conflicts that threaten a country's democratic system could not be resolved.

The importance of justice does not lie in it being a fundamental right but in constituting the means of protecting those rights themselves. In other words, justice acts as a "shield" for the rest of the fundamental rights: it protects them against potential arbitrariness by any authority or individual who in some way threatens or violates them.

Justice is not only for judges; citizens must take the initiative and the task of informing ourselves about justice and applying it in our lives.

Thus, the relevance of justice becomes evident. It transcends the world of law; it is a virtue that not only serves to guarantee the rights of the individual but also serves as a moral guide for the person, allowing each of us to act uprightly and play a key role in maintaining harmony and peace in our community.

The Lack of Legal Certainty in Guatemala as a Current Challenge

If we evaluate how the administration of justice impacts the individual, we realize that both good and bad practices in the administration of justice not only affect those directly involved in a process but also their effects and consequences filter through to the rest of society.

If there is no justice and legal certainty, economic actors cannot make decisions, and as a consequence, there are no incentives for economic action, which ends up creating a state of uncertainty in both the legal and economic spheres. This situation hinders a country's development and prevents its citizens from achieving their goals and life projects. It is clear that poor administration and a lack of legal certainty affect both businesses and the average Guatemalan.

A large part of this problem is due to the fact that judges in Guatemala today are not entirely transparent and consistent in their rulings. Certainly, judges have decisional freedom, meaning they can deviate from their previous decisions, change their minds case by case, but these must be justified; they cannot be frivolous and whimsical. If they are, it causes the system to lose credibility and also leads to a lack of legal certainty. To prevent this, there must be greater oversight of judges' work to ensure consistency in their rulings. Judges must be accountable to the law for their actions; the more transparency there is, the more it will be possible to identify whether or not a judge abuses their position.

Additionally, judges' actions should be verifiable by citizens. In Guatemala, there is still great difficulty in accessing information about judicial proceedings and any other administrative information within the judiciary.

For the strengthening of the Judiciary in Guatemala, it is fundamental that the selection and appointment mechanisms for magistrates are designed to choose the best-prepared individuals, especially in its high courts. Frequently, the deficient design of the procedures for their selection and appointment allows these high authorities to be selected based on their personal or political proximity to the government in power. A method must be changed where judges and magistrates are evaluated and selected based on their merit and capacity.

Towards Strengthening Ties Between Citizens and Justice

Unfortunately, a national perception prevails that there is no justice, that there is no one to apply justice objectively, independently, and impartially. It is debated whether the current structure of the judiciary is efficient or not and whether it will be capable of resolving future disputes.

As Guatemalans, we must focus on critically evaluating our institutions. That is, we should not attack the system without first having investigated it and identified its errors and shortcomings, since the system is not only changed through legal reforms; it also needs an evolution and transformation of legal culture. It is our duty as citizens to revalue our institutions; we must remember our position regarding a judge. Respect for the judicial career and judges themselves has been lost. Let us recover the values of a healthy legal culture and national unity; let us all work together to restore to our courts the importance they deserve, which includes the element of judicial remuneration. We want the best, but we are not willing for them to be paid better than in private practice. We must restore the credibility of being a judge, respect for the judge, and the judicial career. Let us ensure that they play the role that the Constitution has assigned them responsibly.

We want a different Guatemala where authorities and state powers respect and comply with norms. A state where the governed and governors are on the same level regarding laws. To achieve this, it is important to remember that justice is not only for judges; citizens must take the initiative and the task of informing ourselves about justice and applying it in our lives. Let us generate change from within ourselves, act uprightly, and ensure that the people around us also apply it. We cannot expect change without being willing to change ourselves. To be able to trust authority, we must know our duties and obligations and not violate the law. Let us move towards a future where the next time a police officer stops us in the middle of the night, instead of feeling threatened or worried, we feel protected.