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The Supreme Court of Justice (TSJ) of Venezuela ordered this Saturday that Executive Vice President Delcy rodríguez assume the powers of the presidency following reports of President Nicolás Maduro’s capture by U.S. forces during an attack on Caracas and other areas of the country. This dramatic move throws Venezuela’s political future into uncertainty.
Power Shift in Venezuela
The Venezuelan Supreme Court has authorized Delcy Rodríguez to act as president amid claims of Maduro’s capture by the United States.
“It is ordered that citizen Delcy Eloína Rodríguez Gómez, executive vice president of the Republic, assume and exercise in her capacity as person in charge all the powers, duties and faculties inherent to the position of president of the Bolivarian republic of Venezuela, to guarantee administrative continuity and the comprehensive defense of the nation,” stated Tania D´Amelio, president of the Constitutional Chamber, in a statement broadcast on radio and television. The court demanded “immediate” notification of this decision to Rodríguez,the nation’s defense council,the military high command,and Parliament,though no timeline for a swearing-in ceremony was specified.
The TSJ’s decision comes as a new legislative period (2026-2031) is scheduled to begin this Monday, January 5, with Chavismo expected to maintain dominance. this session will involve the swearing-in of the president and other directors of the legislative branch.
the court justified its action by citing the “kidnapping” of maduro by U.S. military forces and his subsequent transfer to the United States, characterizing the situation as “exceptional, atypical and force majeure not literally provided for in the Venezuelan Constitution.” The stated objective is to ensure the continuity of state governance and national defense, without making a definitive legal judgment on the nature of maduro’s absence – whether temporary or absolute – or infringing on the powers of other state bodies to make that determination.
Constitutional framework for Presidential Absence
According to Article 234 of the Venezuelan Constitution, the executive vice president steps in during temporary or absolute presidential absences for up to 90 days, a period extendable by Parliament for another 90 days. If an absence exceeds 180 consecutive days, the Legislature must decide whether to declare an absolute vacancy.
Legal experts consulted have pointed out that the 1999 Constitution relies on the executive vice presidency to fill presidential gaps. Though, they also note that the current situation doesn’t neatly fit the constitutional scenarios, particularly given questions surrounding the legitimacy of the government following the 2024 presidential elections.
Rodríguez announced Saturday the activation of the National Defense Council, which she leads, and submitted a decree declaring a state of external commotion to the TSJ for constitutional review.This council has the authority to mobilize the Bolivarian National Armed Forces nationwide and to assume military control over essential public services and the oil industry to ensure their continued operation.
