Brazil recognized Delcy Rodríguez, vice president of Venezuela, as the country’s current commander, after the United States captured Venezuelan dictator Nicolás Maduro.
“In the absence of the current president Maduro, she is the vice president. She is acting president,” said the interim minister of Foreign Affairs, Maria Laura da Rocha, at a press conference.
Article 233 of the Constitution of Venezuela determines that, in the event of the president’s “absolute absence”, the vice president — in this case, Delcy Rodríguez — assumes office on an interim basis and must call elections within 30 days. The winner of the election then takes office and serves a full six-year term.
Article 234 of the Venezuelan law code defines that in the event of the president’s “temporary absence”, the vice president can remain for 90 days before calling elections. This period may be extended by decision of the National Assembly by up to a further 90 days. After 180 days, the Assembly votes to decide whether to consider the president’s absolute absence.
Now, a debate is beginning about what constitutes “temporary absence” or “absolute absence” and, consequently, about how long Delcy Rodríguez can stay in power.
The Superior Court of Justice of Venezuela, co-opted by Chavismo, decided that Maduro’s capture constitutes a “material and temporary impossibility for the exercise of his functions, in the context of an exceptional situation and force majeure not foreseen in the Magna Carta”.
According to Venezuelan justice, Maduro’s current situation does not constitute a temporary absence or absolute absence. Therefore, it does not define a deadline for when new elections must be called and for how long the vice president can govern.
The decision could be a possible maneuver by the Chavista regime to circumvent the Constitution and not establish a limit for Delcy Rodríguez’s stay, supported by the military that has controlled Venezuela for years.
On the other hand, Venezuela’s future is still cloudy. While Brazil, for example, recognized Delcy Rodríguez as leader, American President Donald Trump stated that the United States will manage the country until there is a fair transition.
Hours after Maduro’s capture, Trump said at a press conference that Secretary of State Marco Rubio spoke with the vice president. According to Trump, she seemed willing to work with Washington on a new phase for Venezuela.
“She talked to Marco. She said, ‘We’ll do whatever you need.’ I think she was quite cordial. We will do this right,” Trump said.