Emergency

TITLE IX EMERGENCY

Article 240
The President of the Republic may declare a state of emergency in the event of internal or external conflict or whenever there exists good cause that either may occur.

Article 241
In case of emergency, of disorder that may disturb the peace of the Republic, or of serious circumstances that affect economic or social life, the President of the Republic may restrict or suspend the constitutional guarantees, or some of them, with the exception of those proclaimed in article 58 and in sections 3 and 7 of article 60.

The Decree shall state the grounds on which it is based, the guarantees that are restricted or suspended, and whether it shall be in force in all or part of the national territory.

The restriction or suspension of guarantees does not interrupt the functioning or affect the prerogatives of the organs of the National Power.

Article 242
The Decree which declares a state of emergency or orders the restriction or suspension of guarantees shall be issued in Council of Ministers and submitted for consideration by the Chambers in joint session or by the Delegated Committee, within the ten days following its publication.

Article 243
The Decree of restriction or suspension of guarantees shall be revoked by the National Executive, or by the Chambers in joint session, as soon as the reasons for it have ended. Cessation of the state of emergency shall be declared by the President of the Republic in Council of Ministers and with the authorization of the Chambers in joint session or of the Delegated Committee.

Article 244
If there is well-founded evidence for fearing imminent disturbance of the public order which do not justify the restriction or suspension of constitutional guarantees, the President of the Republic, in Council of Ministers, may adopt the measures necessary to prevent such events from occurring.

Such measures shall be limited to the detention or confinement of the suspects, and must be submitted to the consideration of Congress or of the Delegated Committee within the ten days following their adoption. If either body declares them to be unjustified, they shall terminate immediately; otherwise they may be maintained up to a limit of not more than ninety days. The law shall regulate the exercise of this power.