This analysis was published by the NGO Access to Justice on November 20, 2025, on its website. Due to its relevance for understanding the current legal framework, it is reproduced by AlertaVenezuela.
The announcement made on September 29, 2025, by the Executive Vice President that the President had signed a decree declaring a state of external unrest that would be activated in the event of military aggression, immediately sparked debate about its actual existence and legal implications.
Beyond the political message, the fact remains that a state of emergency is not presumed: it must comply with strict procedures outlined in the Constitution and the Organic Law on States of Emergency (LOEE). This article comprehensively explains what is known and what is not, as well as what Venezuelan law requires for such a measure to take effect.
A Decree Announced, but Not Yet in Force
Article 22 of the LOEE establishes that a state of emergency takes effect from the moment it is issued by the National Executive; However, for its validity, it is also necessary that the Constitutional Chamber of the Supreme Court of Justice (TSJ) declare its constitutionality and that it be approved by the National Assembly (AN) or its delegated committee within a period of 8 days (Articles 339 and 33).
Fifty days have passed since the announcement of the signing of the decree declaring a state of external unrest, and none of these procedures, nor their results, have been publicly reported. Therefore, it is evident that the state of external unrest is not yet in effect; this is corroborated by the fact that its publication in the Official Gazette has not been made public. Furthermore, the content of the decree signed on September 29 is also unavailable, even though the Organic Law on State Emergency (LOEE) requires that it be published in the Official Gazette or at least in the media after its signing.
Thus, the state of external unrest is not in effect, which confirms what the Executive Vice President stated when she announced, as mentioned earlier, that it would be activated in the event of military aggression. In this regard, it should be noted that neither the Constitution nor the Organic Law on States of Emergency (LOEE) provides for the declaration of a conditional state of emergency due to external unrest. Therefore, it appears that this was more of a warning about what would happen in the event of military aggression.
When is a state of external unrest warranted, and what powers does the Executive Branch have?
The declaration of a state of external unrest can be made in cases of war, invasion, or a serious threat to sovereignty or national security, scenarios covered in Articles 338 of the Constitution and 14 of the LOEE.
However, even in these circumstances, it is important to bear in mind that the powers granted to the national Executive Branch by the Constitution are limited and must meet strict criteria. First, it can only adopt measures indispensable for addressing the exceptional situation and only when the ordinary mechanisms of the State are insufficient to handle it. Second, all measures must respect fundamental rights and adhere to the principle of proportionality. This means that no decisions can be made that exceed what is strictly necessary to address the situation that generated the decree.
Constitutional and Legal Limits of the State of Emergency
Neither the Constitution nor international treaties permit the suspension of rights during a state of emergency. The Constitution only authorizes specific limitations, provided they are clearly defined. Furthermore, there are rights that cannot be restricted under any circumstances: the right to life, personal integrity, due process, information, incommunicado detention, and torture.
These guarantees derive from both Articles 337 and 339 of the Constitution and international norms, including the International Covenant on Civil and Political Rights (Article 4.2) and the American Convention on Human Rights (Article 27.4). Likewise, Article 7 of the Organic Law on States of Emergency (LOEE) outlines the guarantees of rights that cannot be restricted, regardless of the state of emergency declared.
On the other hand, the maximum duration of a state of external unrest is 90 days, extendable only once for an additional 90 days, for a possible total of 180 days (Article 338 of the Constitution and Article 5 of the Organic Law of the State of Emergency). Even under this type of extraordinary measure, public authorities must continue to function normally; the state of emergency does not paralyze institutions, as expressly established in Article 339 of the Constitution.
And how does this affect you, Venezuelan?
Knowing whether a state of emergency, such as the announced state of external unrest, is in effect or not is not a minor matter. With the available information, it can be stated that it is not yet in force, since there is no record of its constitutionality being declared by the Supreme Court of Justice (TSJ), nor has it been approved by the National Assembly (AN) within the 8 days following its signing, as required by Venezuelan law. Its text is also unknown, and it has not been published in the Official Gazette. Without these elements, the decree lacks legal force and has no effect on the rights, freedoms, or institutional functioning of the country.
In a complex political context, being informed is fundamental: only by knowing the rules can you demand that your rights be respected and that the government act within the framework of the Constitution.
If you want to know more about the state of external unrest, consult here (Spanish only).