Decree No. 46-2026
Congreso Nacional
- Decree: 46-2026
- Published: March 27, 2026
- Issuing body: Congreso Nacional
- Gazette: 37,105
- Category: Constitutional
Summary
This decree permanently removes Attorney General Johel Antonio Zelaya Álvarez from office for proven political responsibility and appoints Pablo Emilio Reyes Theodore as the new Attorney General to complete the constitutional term. The removal follows the Political Trial Law while guaranteeing legal rights to the removed official.
Considerations
Whereas, in accordance with Article 233 of the Constitution of the Republic, the Attorney General of the Republic and Deputy Attorney General shall be elected by the National Congress for a period of five (5) years, with the favorable vote of at least two-thirds (2/3) of its members, from a list of five (5) candidates selected by a Nominating Board, constituted according to the terms determined by law.
Whereas, in accordance with Article 22 of the Public Ministry Law, contained in Decree 228-93, dated December 13, 1993 and its amendments, it is the responsibility of the National Congress to elect the Attorney General of the Republic and Deputy Attorney General.
Whereas, the Public Ministry (MP) is an autonomous constitutional institution responsible for the representation, defense, and protection of the general interests of society, as well as the technical direction of the investigation of crimes, as established by constitutional article 232 and the Public Ministry Law.
Whereas, the exercise of the office of Attorney General of the Republic requires the strict compliance with the principles of legality, objectivity, impartiality, functional independence, administrative responsibility, and respect for due process, within the framework of the essential values of the democratic and republican State.
Whereas, in accordance with Article 205, Provision 11) of the Constitution of the Republic, it is within the competence of the National Congress to elect the Attorney General of the Republic and Deputy Attorney General.
Articles
To approve in all and each of its parts the REPORT OF THE SPECIAL COMMISSION FOR THE INVESTIGATION OF POLITICAL TRIAL dated March 25, 2026, presented to the First Secretary of the National Congress, according to the resolution adopted by the Plenary of the National Congress on this same date.
To accept the Resignation of the right to appear before the Plenary of the National Congress of the Republic presented by the defendant citizen JOHEL ANTONIO ZELAYA ÁLVAREZ on Wednesday, March 25, 2026.
To permanently remove from office Mr. JOHEL ANTONIO ZELAYA ÁLVAREZ from the position of ATTORNEY GENERAL OF THE REPUBLIC OF HONDURAS for having been found responsible in political terms and having incurred in the grounds numbered 1, 2, and 3 of Article 5 of the Special Law on Political Trial, contained in Decree No. 51-2013, guaranteeing him access to effective judicial protection through the guarantees established in the Constitution of the Republic based on Articles 82, 90, and 183 of the Constitution of the Republic, as well as Articles 8 and 25 of the American Convention on Human Rights.
To appoint citizen PABLO EMILIO REYES THEODORE to the position of ATTORNEY GENERAL OF THE REPUBLIC, who shall exercise his functions for the remaining time of the corresponding constitutional term, in accordance with the provisions of the Constitution of the Republic, the Law of the Public Ministry, and other applicable regulations.
This Decree shall enter into force as of the day of its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, Municipality of the Central District, in the Session Hall of the National Congress, on the twenty-fifth day of the month of March, two thousand twenty-six. JOSÉ TOMÁS ZAMBRANO MOLINA PRESIDENT CARLOS ROBERTO LEDEZMA CASCO SECRETARY FRANCIS OMAR CABRERA MIRANDA SECRETARY Therefore: Let it be published.
Related laws
- Executive Agreement 022-DP-2026 through which Guidelines are established for the Execution of Actions aimed at Guaranteeing the Stability and Comfort of Tourists in the Different Tourist Destinations of the Country — This agreement establishes guidelines to keep and protect Honduras' tourist beaches clean, especially in the Bay Islands, through regular cleaning activities, specialized equipment, and monitoring indicators. It benefits tourists, hotel owners, and the sustainability of the tourism sector with international donation funds.
- Decreto Legislativo No. 46-2026 — Destitución del Fiscal General Johel Antonio Zelaya Álvarez y Nombramiento de Pablo Emilio Reyes Theodore (Decree 46-2026, 2026)
- Decreto Legislativo No. 35-2026 — Aprobación del Acuerdo de Financiamiento No.7879-HN para el Proyecto de Gestión Resiliente para el Corredor Vial La Ceiba-Puerto Castilla (Decree 35-2026, 2026)
- Resolución No. CREE-12-2026 — Designación de cargos del Directorio de Comisionados de la Comisión Reguladora de Energía Eléctrica (CREE) (Decree CREE-12-2026, 2026)
- Decree 352-2025 by which the Honduran Institute of Land Transportation is authorized to issue operation certificates and special permits for all modalities of public and special land transportation services for passengers and cargo — Decree 352-2025 authorizes the Honduran Land Transport Institute to issue operating certificates and special permits for all types of public and private land transport of passengers and cargo. It allows transporters with overdue obligations to regularize their situation by paying two periods of validity, without complying with certain previously established requirements. (Decree 352-2025, 2025)