National Constitution of Paraguay

National Constitution

PREAMBLE

The Paraguayan people, through their legitimate representatives gathered in the National Constituent Convention, invoking God, recognizing human dignity in order to ensure freedom, equality and justice, reaffirming the principles of republican, representative, participatory and pluralist, ratifying national sovereignty and independence, and integrated into the international community, SANCTIONS AND PROMULATES this Constitution.

Asuncion, June 20, 1992

PART I.
OF THE FUNDAMENTAL DECLARATIONS, OF THE RIGHTS, OF THE DUTIES AND OF THE GUARANTEES

TITLE I.
OF THE FUNDAMENTAL STATEMENTS

Article 1 - OF THE FORM OF THE STATE AND GOVERNMENT

The Republic of Paraguay is forever free and independent. It is constituted in a social state of law, unitary, indivisible, and decentralized in the manner established by this Constitution and the laws.

The Republic of Paraguay adopts representative, participatory and pluralist democracy for its government, founded on the recognition of human dignity.

Article 2 - SOVEREIGNTY

In the Republic of Paraguay and sovereignty resides in the people, who exercise it, in accordance with the provisions of this Constitution.

Article 3 - OF THE PUBLIC POWER

The people exercise Public Power through suffrage. The government is exercised by the legislative, executive and judicial powers in a system of separation, balance, coordination and reciprocal control. None of these powers can be attributed, or granted to another or any person, individual or collective, extraordinary powers or the sum of the Public Power.

The dictatorship is out of law.

TITLE II.
OF RIGHTS, DUTIES AND GUARANTEES

CHAPTER I.
OF LIFE AND THE ENVIRONMENT

SECTION I.
OF THE LIFE

Article 4 - THE RIGHT TO LIFE

The right to life is inherent in the human person. Its protection is guaranteed, in general, from conception. Death sentence is abolished. Every person will be protected by the State in their physical and mental integrity, as well as in their honor and reputation. The law will regulate the freedom of people to dispose of their own body, only for scientific or medical purposes.

Article 5 - ON TORTURE AND OTHER CRIMES

No one will be subjected to torture or cruel, inhuman or degrading treatment or punishment.

Genocide and torture, as well as the forced disappearance of people, kidnapping and murder for political reasons are imprescriptible.

Article 6 - QUALITY OF LIFE

The quality of life will be promoted by the State through plans and policies that recognize conditioning factors, such as extreme poverty and the impediments of disability or age.

The State will also promote research on population factors and their links with economic and social development, with the preservation of the environment and with the quality of life of the inhabitants.

SECTION II.
OF THE ENVIRONMENT

Article 7 - ON THE RIGHT TO A HEALTHY ENVIRONMENT

Everyone has the right to live in a healthy and ecologically balanced environment.

The preservation, conservation, recomposition and improvement of the environment, as well as its conciliation with integral human development, constitute priority objectives of social interest. These purposes will guide legislation and relevant government policy.

Article 8 - ON ENVIRONMENTAL PROTECTION

The activities likely to produce environmental alteration will be regulated by law. Likewise, it may restrict or prohibit those that it qualifies as dangerous.

The manufacture, assembly, import, commercialization, possession or use of nuclear, chemical and biological weapons, as well as the introduction into the country of toxic waste, is prohibited. The law may extend this prohibition to other dangerous elements; likewise, it will regulate the trafficking of genetic resources and their technology, protecting national interests.

The ecological crime will be defined and sanctioned by law. Any damage to the environment will import the obligation to repair and compensate.

CHAPTER II
OF FREEDOM

Article 9 - FREEDOM AND SECURITY OF PEOPLE

Everyone has the right to be protected in their freedom and safety.

No one is obliged to do what the law does not order or deprived of what it does not prohibit.

Article 10 - ON THE PROSCRIPTION OF SLAVERY AND OTHER EASE

Slavery, personal easements and human trafficking are prohibited. The law may establish social charges in favor of the State.

Article 11 - ON THE DEPRIVATION OF FREEDOM

No one shall be deprived of his physical liberty or prosecuted, except by mediating the causes and under the conditions established by this Constitution and the laws.

Article 12 - DETENTION AND ARREST

No one shall be detained or arrested without a written order from a competent authority, except in the case of being caught in flagrant commission of a crime that merits corporal punishment. Every detained person has the right to:

that he be informed, at the time of the event, of the cause that motivates him, of his right to remain silent and to be assisted by a defender of his confidence. In the act of arrest, the authority is obliged to show the written order that ordered it;
that the detention be immediately communicated to their relatives or persons indicated by the detainee;
That he be kept in free communication, unless, exceptionally, it is established in his incommunicado detention by competent judicial order, his incommunicado detention shall not govern with respect to his defender, and in no case may it exceed the term prescribed by law;
to have an interpreter, if necessary,
that it be placed, within a period of no more than twenty-four hours, at the disposal of the competent judicial magistrate, so that he may decide what corresponds in law.

Article 13 - ON THE NON-DEPRIVATION OF FREEDOM DUE TO DEBTS

The deprivation of liberty due to debt is not allowed, except for a mandate from a competent judicial authority issued for breach of maintenance duties or as a substitute for fines or judicial bonds.

Article 14 - ON THE IRRETROACTIVITY OF THE LAW

No law will have retroactive effect, unless it is more favorable to the accused or the convicted person.

Article 15 - ON THE PROHIBITION OF DOING JUSTICE BY ITSELF

No one will be able to do justice for himself or claim his rights with violence. But, legitimate defense is guaranteed.

Article 16 - DEFENSE IN TRIAL

The defense in court of people and their rights is inviolable. Everyone has the right to be tried by competent, independent and impartial courts and judges.

Article 17 - PROCEDURAL RIGHTS

In criminal proceedings, or in any other from which a penalty or sanction may be derived, everyone has the right to:

let their innocence be presumed;
to be tried in a public trial, except in cases contemplated by the magistrate to safeguard other rights;
that he is not convicted without a prior trial based on a law prior to the fact of the process, nor that he be tried by special courts;
not to be judged more than once for the same act. Dead processes cannot be reopened, except for the favorable review of criminal sentences established in the cases provided by procedural law;
to defend herself or be assisted by defenders of her choice;
that the State provide him with a free defender, in the event of not having the financial means to solve it;
prior and detailed communication of the accusation, as well as to have copies, means and periods essential for the preparation of its defense in free communication;
that offers, practices, controls and challenges evidence;
that evidence obtained or actions produced in violation of legal norms are not opposed;
access, by themselves or through their defender, to procedural actions, which in no case may be secret from them. The summary will not be extended beyond the period established by law, since
compensation by the State in case of conviction due to judicial error.

Article 18 - ON THE RESTRICTIONS OF THE DECLARATION

No one can be compelled to testify against himself, against his spouse or against the person with whom he is united or against his relatives within the fourth degree of consanguinity or second degree of affinity inclusive.

The illicit acts or the dishonor of the accused do not affect their relatives or close friends.

Article 19 - OF PREVENTIVE PRISON

Preventive detention will only be issued when it is essential in the proceedings of the trial. In no case will it be prolonged for a time greater than the minimum penalty established for the same crime, according to the classification of the fact made in the respective order.

Article 20 - THE OBJECT OF THE PENALTIES

The purpose of custodial sentences is the rehabilitation of the convicted and the protection of society.

The penalty of confiscation of property and that of exile are prohibited.

Article 21 - OF THE DEMONSTRATION OF PEOPLE

Persons deprived of their liberty will be confined in adequate establishments, avoiding the promiscuity of the sexes. Minors will not be confined with persons of legal age.

The detention of detained persons will be done in places other than those designated for those serving their sentences.

Article 22 - ON THE PUBLICATION ON PROCESSES

Publication of ongoing legal proceedings must be done without prejudice.

The defendant must not be presented as guilty before the final sentence.

Article 23 - ON THE TEST OF THE TRUTH

The test of truth and notoriety will not be admissible in the processes that are promoted on the occasion of publications of any nature that affect the honor, reputation or dignity of people, and that refer to crimes of private criminal action or to private conducts that this Constitution or the law declare exempt from public authority.

Said evidence will be admitted when the process was promoted by the publication of censures to the public conduct of State officials, and in other cases expressly established by law.

Article 24 - RELIGIOUS AND IDEOLOGICAL FREEDOM

Religious, religious and ideological freedom are recognized, with no limitations other than those established in this Constitution and in the law. No confession will be official.

The relations of the State with the Catholic Church are based on independence, cooperation and autonomy.

The independence and autonomy of churches and religious confessions are guaranteed, with no limitations other than those imposed in this Constitution and the laws.

No one can be harassed, questioned or forced to testify because of their beliefs or ideology.

Article 25 - ON THE EXPRESSION OF PERSONALITY

Everyone has the right to free expression of their personality, to creativity and to the formation of their own identity and image.

Ideological pluralism is guaranteed.

Article 26 - FREEDOM OF EXPRESSION AND OF THE PRESS

Free expression and freedom of the press are guaranteed, as well as the dissemination of thought and opinion, without any censorship, without any limitations other than those provided in this Constitution; consequently, no law will be enacted that precludes or restricts them. There will be no press crimes, but common crimes committed through the press.

Everyone has the right to generate, process or disseminate information, as well as the use of any lawful instrument suitable for such purposes.

Article 27 - ON THE USE OF THE MASS MEDIA OF SOCIAL COMMUNICATION

The use of the media is in the public interest; consequently, they may not be closed or suspended.

Press without responsible direction will not be admitted.

Any discriminatory practice in the provision of inputs for the press is prohibited, as well as interfering with radio frequencies and obstructing, in any way, the free circulation, distribution and sale of newspapers, books, magazines or other publications with address or responsible authorship.

Informative pluralism is guaranteed.

The law shall regulate advertising for the purposes of better protection of the rights of the child, the young person, the illiterate, the consumer and the woman.

Article 28 - ON THE RIGHT TO BE INFORMED

The right of people to receive truthful, responsible and fair information is recognized.

Public sources of information are free for everyone. The law will regulate the modalities, terms and penalties corresponding to them, so that this right is effective.

Any person affected by the dissemination of false, distorted or ambiguous information has the right to demand its rectification or clarification by the same means and under the same conditions that it has been disclosed, without prejudice to other compensatory duties.

Article 29 - ON THE FREEDOM TO EXERCISE JOURNALISM

The exercise of journalism, in any of its forms, is free and is not subject to prior authorization. The journalists of the mass media of social communication in fulfillment of their functions, will not be forced to act against the dictates of their conscience or to reveal their sources of information.

The columnist journalist has the right to publish his signed opinions, without censorship, in the medium in which he works. The management may exempt its responsibility by stating its dissent.

The journalist is granted the right of authorship over the product of his intellectual, artistic or photographic work, whatever its technique, in accordance with the law.

Article 30 - ELECTROMAGNETIC COMMUNICATION SIGNALS

The emission and propagation of electromagnetic communication signals are in the public domain of the State, which, in exercise of national sovereignty, will promote their full use according to the rights of the Republic and in accordance with ratified international agreements on The matter.

The law will ensure, with equal opportunities, free access to the use of the electromagnetic spectrum, as well as to that of electronic instruments for the accumulation and processing of public information, with no limits other than those imposed by international regulations and technical standards. The authorities will ensure that these elements are not used to violate personal or family privacy and the other rights established in this Constitution.

Article 31 - ON THE MASS MEDIA OF SOCIAL COMMUNICATION OF THE STATE

The communication media dependent on the State will be regulated by law in its organization and in its operation, and democratic and pluralist access to them must be guaranteed for all social and political sectors, with equal opportunities.

Article 32 - FREEDOM OF ASSEMBLY AND DEMONSTRATION

People have the right to assemble and demonstrate peacefully, without weapons and for lawful purposes, without the need for permission, as well as the right not to be forced to participate in such acts. The law may only regulate its exercise in places of public transit, at specified times, preserving the rights of third parties and the public order established by law.

Article 33 - THE RIGHT TO PRIVACY

Personal and family privacy, as well as respect for private life, are inviolable. The conduct of people, as long as it does not affect the public order established by law or the rights of third parties, is exempt from public authority.

The right to the protection of privacy, dignity and the private image of people is guaranteed.

Article 34 - ON THE RIGHT TO INVIOLABILITY OF THE PRIVATE PREMISES

All private premises are inviolable. It can only be searched or closed by court order and subject to the law. Exceptionally it may be, in addition, in the event of flagrante delicto or to prevent its imminent perpetration, or to avoid damage to the person or property.

Article 35 - ON THE IDENTIFICATION DOCUMENTS

The identification documents, licenses or certificates of the persons may not be seized or retained by the authorities. They may not deprive them of them, except in the cases provided for by law.

Article 36 - ON THE RIGHT TO INVIOLABILITY OF THE DOCUMENTARY HERITAGE AND PRIVATE COMMUNICATION

The documentary heritage of the people is inviolable. Records, whatever their technique, printed matter, correspondence, writings, telephone, telegraphic or any other kind of communications, collections or reproductions, testimonies and objects of testimonial value, as well as their respective copies, may not be examined, reproduced, intercepted or kidnapped except by court order for cases specifically provided for in the law, and provided that they were essential for the clarification of the matters of competence of the corresponding authorities. The law will determine special modalities for the examination of commercial accounting and mandatory legal records.

The documentary evidence obtained in violation or what is prescribed above has no value in court.

In all cases, a strict reserve will be kept on what is not related to the investigation.

Article 37 - ON THE RIGHT TO OBJECT CONSCIOUSNESS

Conscientious objection for ethical or religious reasons is recognized in cases where this Constitution and the law admit it.

Article 38 - ON THE RIGHT TO DEFENSE DIFFUSED INTERESTS

Everyone has the right, individually or collectively, to demand from the public authorities measures for the defense of the environment, the integrity of the habitat, public health, the national cultural heritage, the interests of the consumer and others who, by their legal nature, belong to the community and are related to the quality of life and the collective heritage.

Article 39 - ON THE RIGHT TO FAIR AND ADEQUATE COMPENSATION

Every person has the right to be just and adequately compensated for the damages or losses to which they are subjected by the State. The law will regulate this right.

Article 40 - ON THE RIGHT TO PETITION TO THE AUTHORITIES

Every person, individually or collectively and without special requirements, has the right to petition the authorities, in writing, who must respond within the term and according to the modalities that the law determines. Any request that does not receive a response within said period will be deemed denied.

Article 41 - ON THE RIGHT TO TRANSIT AND RESIDENCE

Every Paraguayan has the right to reside in their homeland. The inhabitants can move freely through the national territory, change their domicile or residence, leave the Republic or return to it and, in accordance with the law, incorporate their assets into the country or remove them from it. Migrations will be regulated by law, with observance of these rights.

The entry of foreigners without permanent residence in the country will be regulated by law, considering the international agreements on the matter.

Foreigners with permanent residence in the country will not be forced to leave it except by virtue of a court ruling.

Article 42 - FREEDOM OF ASSOCIATION

Everyone is free to associate or join together for lawful purposes, just as no one is obliged to belong to a certain association. The form of professional association will be regulated by law. Secret associations and those of a paramilitary nature are prohibited.

Article 43 - ON THE RIGHT OF ASYLUM

Paraguay recognizes the right of territorial and diplomatic asylum to any person persecuted for political motives or crimes or for related common crimes, as well as for their opinions or beliefs. The authorities must immediately grant the personal documentation and the corresponding safe conduct.

No political asylee will be transferred compulsively to the country whose authorities persecute him.

Article 44 - OF THE TAXES

No one will be obliged to pay taxes or to provide personal services that have not been established by law. Excessive bonds will not be required or excessive fines will be imposed.

Article 45 - ON THE RIGHTS AND GUARANTEES NOT STATED

The enunciation of the rights and guarantees contained in this Constitution should not be understood as a denial of others that, being inherent to the human personality, do not expressly appear in it. The lack of regulatory law may not be invoked to deny or impair any right or guarantee.

CHAPTER III
OF EQUALITY

Article 46 - ON THE EQUALITY OF PEOPLE

All the inhabitants of the Republic are equal in dignity and rights. Discrimination is not allowed. The State will remove the obstacles and prevent the factors that maintain or promote them.

The protections that are established on unjust inequalities will not be considered as discriminatory but equal factors.

Article 47 - ON THE GUARANTEES OF EQUALITY

The State will guarantee to all the inhabitants of the Republic:

equal access to justice, for which purpose it will remove the obstacles that prevent it;
equality before the laws;
equality for access to non-elective public functions, with no other requirements than suitability, and
equal opportunities in the participation of the benefits of nature, material goods and culture.

Article 48 - ON THE EQUAL RIGHTS OF MAN AND WOMAN

Men and women have equal civil, political, social, economic and cultural rights. The State will promote the conditions and create the adequate mechanisms so that equality is real and effective, smoothing the obstacles that prevent or hinder its exercise and facilitating the participation of women in all areas of national life.

CHAPTER IV
OF THE RIGHTS OF THE FAMILY

Article 49 - ON THE PROTECTION OF THE FAMILY

The family is the foundation of society. Their comprehensive protection will be promoted and guaranteed. This includes the stable union of man and woman, children and the community that is constituted with any of their parents and their descendants.

Article 50 - ON THE RIGHT TO CONSTITUTE A FAMILY

Everyone has the right to establish a family, in the formation and development of which women and men will have the same rights and obligations.

Article 51 - ON MARRIAGE AND THE EFFECTS OF DEFAULT UNIONS

The law will establish the formalities for the celebration of marriage between a man and a woman, the requirements for contracting it, the causes of separation, dissolution and their effects, as well as the system of administration of assets and other rights and obligations between spouses.

De facto unions between a man and a woman, without legal impediments to marry, that meet the conditions of stability and uniqueness, produce effects similar to marriage, within the conditions established by law.

Article 52 - ON THE UNION IN MARRIAGE

The union in marriage of man and woman is one of the fundamental components in the formation of the family.

Article 53 - CHILDREN

Parents have the right and the obligation to assist, feed, educate and protect their minor children. They will be punished by law for failure to fulfill their food assistance duties.

Children of legal age are obliged to provide assistance to their parents in case of need.

The law will regulate the help that must be given to the family of large children and to women heads of families.

All children are equal before the law. This will enable the investigation of paternity. Any qualification on parentage in personal documents is prohibited.

Article 54 - ON THE PROTECTION OF THE CHILD

The family, society and the State have the obligation to guarantee the child's harmonious and integral development, as well as the full exercise of his rights, protecting him against abandonment, malnutrition, violence, abuse, trafficking and exploitation. Any person can demand that the competent authority comply with such guarantees and punish the offenders.

The rights of the child, in case of conflict, have a prevailing character.

Article 55 - ON MATERNITY AND PATERNITY

Responsible motherhood and fatherhood will be protected by the State, which will promote the creation of institutions necessary for such purposes.

Article 56 - OF THE YOUTH

Conditions will be promoted for the active participation of youth in the political, social, economic and cultural development of the country.

Article 57 - OF THE THIRD AGE

Every person in the third age has the right to comprehensive protection. The family, society and public authorities will promote their well-being through social services that take care of their food, health, housing, culture and leisure needs.

Article 58 - ON THE RIGHTS OF EXCEPTIONAL PERSONS

Exceptional people will be guaranteed health care, education, recreation and professional training for full social integration.

The State will organize a policy for the prevention, treatment, rehabilitation and integration of the physically, mentally and sensory disabled, to whom it will provide the specialized care they require.

The enjoyment of the rights that this Constitution grants to all the inhabitants of the Republic will be recognized, with equal opportunities, in order to compensate for their disadvantages.

Article 59 - ON THE GOOD OF THE FAMILY

Family property is recognized as an institution of social interest, whose regime will be determined by law. It will be made up of the home or family estate, and its furniture and work items, which will be unattachable.

Article 60 - PROTECTION AGAINST VIOLENCE

The State will promote policies that aim to prevent violence in the family environment and other destructive causes of their solidarity.

Article 61 - ON FAMILY PLANNING AND MATERNAL CHILD HEALTH

The State recognizes the right of people to freely and responsibly decide the number and frequency of the birth of their children, as well as to receive, in coordination with the pertinent organizations, education, scientific guidance and adequate services on the matter.

Special reproductive health and maternal and child health plans will be established for the low-income population.

CHAPTER V
OF INDIGENOUS PEOPLES

Article 62 - ON INDIGENOUS PEOPLES AND ETHNIC GROUPS

This Constitution recognizes the existence of indigenous peoples, defined as cultural groups prior to the formation and organization of the Paraguayan State.

Article 63 - OF THE ETHNIC IDENTITY

The right of indigenous peoples to preserve and develop their ethnic identity in their respective habitat is recognized and guaranteed. They also have the right to freely apply their systems of political, social, economic, cultural and religious organization, as well as voluntary subjection to their customary norms for the regulation of internal coexistence provided that they do not violate the fundamental rights established in this Constitution. In jurisdictional conflicts, indigenous customary law will be taken into account.

Article 64 - COMMUNITY PROPERTY

Indigenous peoples have the right to community ownership of land, of sufficient size and quality for the conservation and development of their peculiar ways of life. The State will provide these lands free of charge, which will be unattachable, indivisible, non-transferable, imprescriptible, not susceptible, not capable of guaranteeing contractual obligations or being leased; likewise, they will be exempt from tax.

The removal or transfer of their habitat is prohibited without their express consent.

Article 65 - THE RIGHT TO PARTICIPATION

Indigenous peoples are guaranteed the right to participate in the economic, social, political and cultural life of the country, in accordance with their customary uses, this Constitution and national laws.

Article 66 - ON EDUCATION AND ASSISTANCE

The State will respect the cultural peculiarities of indigenous peoples, especially with regard to formal education. It will also attend to their defense against demographic regression, the depredation of their habitat, environmental pollution, economic exploitation and cultural alienation.

Article 67 - EXONERATION

Members of indigenous peoples are exempt from providing social, civil or military services, as well as from public charges established by law.

CHAPTER VI
OF THE HEALTH

Article 68 - ON THE RIGHT TO HEALTH

The State will protect and promote health as a fundamental right of the person and in the interest of the community.

No one will be deprived of public assistance to prevent or treat diseases, pests or pests, and of relief in the event of catastrophes and accidents.

Every person is obliged to submit to the sanitary measures established by law, while respecting human dignity.

Article 69 - ON THE NATIONAL HEALTH SYSTEM

A national health system will be promoted that executes integrated health actions, with policies that make possible the agreement, coordination, and complementation of programs and resources from the public and private sectors.

Article 70 - ON THE SOCIAL WELFARE REGIME

The law will establish social welfare programs through strategies based on health education and community participation.

Article 71 - ON DRUG TRAFFICKING, DRUG ADDICTION AND REHABILITATION

The State will repress the illicit production and trafficking of narcotic substances and other dangerous drugs, as well as acts destined to legitimize the money derived from such activities. It will also combat the illicit consumption of said drugs. The law will regulate the production and medicinal use of the same.

Preventive education and rehabilitation programs for addicts will be established, with the participation of private organizations.

Article 72 - QUALITY CONTROL

The State shall ensure the control of the quality of food, chemical, pharmaceutical and biological products, in the stages of production, import and commercialization. It will also facilitate the access of low-income factors to medicines considered essential.

CHAPTER VII
OF EDUCATION AND CULTURE

Article 73 - ON THE RIGHT TO EDUCATION AND ITS PURPOSES

Everyone has the right to comprehensive and permanent education, which as a system and process is carried out in the context of the culture of the community. Its purposes are the full development of the human personality and the promotion of freedom and peace, social justice, solidarity, cooperation and integration of peoples; respect for human rights and democratic principles; the affirmation of the commitment to the Homeland, of cultural identity and intellectual, moral and civic training, as well as the elimination of educational content of a discriminatory nature.

The eradication of illiteracy and training for work are permanent objectives of the educational system.

Article 74 - ON THE RIGHT TO LEARN AND THE FREEDOM TO TEACH

The right to learn and equal opportunities to access the benefits of humanistic culture, science and technology are guaranteed, without any discrimination.

The freedom to teach is also guaranteed, without any other requirements than suitability and ethical integrity, as well as the right to religious education and ideological pluralism.

Article 75 - ON EDUCATIONAL RESPONSIBILITY

Education is the responsibility of society and falls particularly on the family, the Municipality and the State.

The State will promote nutritional supplement programs and supply of school supplies for low-income students.

Article 76 - ON THE OBLIGATIONS OF THE STATE

Basic school education is compulsory. In public schools it will be free. The State will promote secondary, technical, agricultural, industrial and higher or university education, as well as scientific and technological research.

The organization of the educational system is an essential responsibility of the State, with the participation of the different educational communities. This system will cover the public and private sectors, as well as the school and after-school environment.

Article 77 - ON TEACHING IN THE MOTHER TONGUE

Teaching at the beginning of the school process will be carried out in the student's official mother tongue. They will also be instructed in the knowledge and use of both official languages of the Republic

In the case of ethnic minorities whose mother tongue is not Guaraní, one of the two official languages may be chosen.

Article 78 - ON TECHNICAL EDUCATION

The State will promote job training through technical education, in order to train the human resources required for national development.

Article 79 - ON THE UNIVERSITIES AND HIGHER INSTITUTES

The main purpose of universities and higher institutes will be higher professional training, scientific and technological research, as well as university extension.

Universities are autonomous. They will establish their statutes and forms of government and will prepare their study plans in accordance with educational policy and national development plans. The freedom of teaching and that of the chair is guaranteed. Universities, both public and private, will be created by law, which will determine the professions that need university degrees for their exercise.

Article 80 - ON THE FUNDS FOR SCHOLARSHIPS AND GRANTS

The law shall provide for the constitution of funds for scholarships and other aids, in order to facilitate the intellectual, scientific, technical or artistic training of people with preference for those who lack resources.

Article 81 - ON CULTURAL HERITAGE

The necessary means for the conservation, rescue and restoration of objects, documents and spaces of historical, archaeological, paleontological, artistic or scientific value, as well as their respective physical environments, which are part of the cultural heritage of the Nation, will be arbitrated. .

The State will define and register those that are in the country and, where appropriate, will manage the recovery of those that are abroad. The competent bodies will be in charge of safeguarding and rescuing the various expressions of oral culture and the collective memory of the Nation, cooperating with individuals who pursue the same objective. The inappropriate use and denaturing use of said goods, their destruction, their willful alteration, the removal of their original places and their disposal for export purposes are prohibited.

Article 82 - ON THE RECOGNITION OF THE CATHOLIC CHURCH

The protagonism of the Catholic Church in the historical and cultural formation of the Nation is recognized.

Article 83 - OF THE CULTURAL DIFFUSION AND OF THE EXONERATION OF TAXES

Objects, publications and activities that have significant value for cultural diffusion and for education, will not be taxed with fiscal or municipal taxes. The law will regulate these exemptions and establish a stimulus regime for the introduction and incorporation into the country of the elements necessary for the exercise of the arts and scientific and technological research, as well as for their dissemination in the country and abroad.

Article 84 - ON THE PROMOTION OF SPORTS

The State will promote sports, especially those of a non-professional nature, that stimulate physical education, providing financial support and tax exemptions to be established by law. Likewise, it will stimulate national participation in international competitions.

Article 85 - ON THE MINIMUM BUDGET

The resources destined for education in the General Budget of the Nation will not be less than twenty percent of the total assigned to the Central Administration, excluding loans and donations.

CHAPTER VIII
FROM WORK

SECTION I
OF LABOR RIGHTS

Article 86 - ON THE RIGHT TO WORK

All the inhabitants of the Republic have the right to lawful work, freely chosen and to be carried out under dignified and fair conditions.

The law will protect work in all its forms and the rights that it grants to the worker are inalienable.

Article 87 - FULL EMPLOYMENT

The State will promote policies that promote employment and professional training of human resources, giving preference to the national worker.

Article 88 - ON NON-DISCRIMINATION

No discrimination will be allowed among workers on the basis of ethnicity, sex, age, religion, social condition and political or union preferences.

The work of people with physical or mental limitations or disabilities will be specially protected.

Article 89 - WORK OF WOMEN

Workers of both sexes have the same labor rights and obligations, but maternity will be subject to special protection, which will include care services and the corresponding breaks, which will not be less than twelve weeks. The woman will not be fired during pregnancy, and not during maternity breaks.

The law will establish the paternity leave regime.

Article 90 - THE WORK OF MINORS

Priority will be given to the rights of the minor worker to guarantee their normal physical, intellectual and moral development.

Article 91 - ON WORK AND REST DAYS

The maximum duration of the ordinary working day shall not exceed eight hours a day and forty-eight hours a week, daytime, except for those legally established for special reasons. The law will establish more favorable working hours for unhealthy, dangerous, painful, nocturnal tasks or those that take place in continuous rotating shifts.

Annual breaks and vacations will be paid in accordance with the law.

Article 92 - OF THE EMPLOYMENT COMPENSATION

The worker has the right to enjoy remuneration that assures him and his family a free and dignified existence.

The law will establish the minimum living wage, the annual bonus, the family bonus, the recognition of a salary higher than the basic one for hours of unhealthy or risky work, and overtime, at night and on holidays. It basically corresponds to equal pay for equal work.

Article 93 - OF THE ADDITIONAL BENEFITS TO THE WORKER

The State will establish a stimulus regime for companies that provide additional benefits to their workers. Such emoluments will be independent of the respective salaries and other legal benefits.

Article 94 - ON STABILITY AND INDEMNITY

The worker's right to stability is guaranteed within the limits established by law, as well as their right to compensation in the event of unjustified dismissal.

Article 95 - ON SOCIAL SECURITY

The compulsory and comprehensive social security system for the dependent worker and his family will be established by law. Its extension to all sectors of the population will be promoted.

The services of the social security system may be public, private or mixed, and in all cases they will be supervised by the State.

The financial resources of social insurance will not be diverted from its specific purposes and; will be available for this purpose, without prejudice to lucrative investments that may increase your assets.

Article 96 - FREEDOM OF ASSOCIATION

All public and private workers have the right to organize in unions without the need for prior authorization. Members of the Armed Forces and Police are exempt from this right. Employers enjoy equal freedom of organization. No one can be forced to belong to a union.

For the recognition of a union, it will suffice with its registration in the competent administrative body.

In the election of the authorities and in the operation of the unions, the democratic practices established in the law will be observed, which will also guarantee the stability of the union leader.

Article 97 - OF THE COLLECTIVE AGREEMENTS

Trade unions have the right to promote collective action and to conclude agreements on working conditions.

The State will favor conciliatory solutions to labor conflicts and social agreement. Arbitration will be optional.

Article 98 - ON THE RIGHT TO STRIKE AND TO STOP

All workers in the public and private sectors have the right to go on strike in the event of a conflict of interest. Employers enjoy the right to unemployment under the same conditions.

The rights to strike and stop do not extend to members of the Armed Forces of the Nation, nor to those of the police.

The law will regulate the exercise of these rights, in such a way that they do not affect essential public services for the community.

Article 99 - COMPLIANCE WITH LABOR RULES

Compliance with labor standards and those of safety and hygiene at work will be subject to the supervision of the authorities created by law, which will establish the sanctions in case of their violation.

Article 100 - ON THE RIGHT TO HOUSING

All the inhabitants of the Republic have the right to decent housing.

The State will establish the conditions to make this right effective, and will promote social interest housing plans, especially those for low-income families, through adequate financing systems.

SECTION II
OF THE PUBLIC FUNCTION

Article 101 - OF OFFICIALS AND PUBLIC EMPLOYEES

Public officials and employees are at the service of the country. All Paraguayans have the right to hold public functions and jobs.

The law will regulate the different careers in which such officials and employees provide services, which, without prejudice to others, are judicial, teaching, diplomatic and consular, scientific and technological research, civil service, military and the police.

Article 102 - ON THE LABOR RIGHTS OF PUBLIC OFFICIALS AND EMPLOYEES

Public officials and employees enjoy the rights established in this Constitution in the section on labor rights, in a uniform regime for the different careers within the limits established by law and with protection of acquired rights.

Article 103 - ON THE RETIREMENT SYSTEM

Within the national social security system, the law will regulate the retirement system of public officials and employees, assuming that the self-sufficient bodies created for that purpose agree to the contributors and retirees the administration of said entities under state control. All those who, under whatever title, provide services to the State will participate in the same regime.

The law will guarantee the updating of retirement assets in equal treatment given to active public officials.

Article 104 - ON THE MANDATORY DECLARATION OF ASSETS AND INCOME

Public officials and employees, including those of popular election, those of state, binational, self-sufficient, decentralized entities and, in general, those who receive permanent remuneration from the State, will be obliged to provide an affidavit of assets and income within fifteen days after taking office, and in the same term when leaving it.

Article 105 - ON THE PROHIBITION OF DOUBLE REMUNERATION

No person may receive as a public official or employee, more than one salary or remuneration simultaneously, with the exception of those that come from the exercise of teaching.

Article 106 - ON THE RESPONSIBILITY OF THE PUBLIC OFFICIAL AND EMPLOYEE

No public official or employee is exempt from liability. In the cases of transgressions, crimes or misdemeanors that they commit in the performance of their functions, they are personally liable, without prejudice to the subsidiary responsibility of the State, with the right of the State to repeat the payment of what was left in such a concept.

CHAPTER IX
OF ECONOMIC RIGHTS AND AGRARIAN REFORM

SECTION I
OF ECONOMIC RIGHTS

Article 107 - FREEDOM OF CONCURRENCE

Everyone has the right to engage in the legal economic activity of their choice, within a regime of equal opportunities.

Competition in the market is guaranteed. The creation of monopolies and the artificial rise or fall of prices that hinder free competition will not be allowed. Usury and the unauthorized trade of harmful articles will be sanctioned by the Penal Law.

Article 108 - ON THE FREE CIRCULATION OF PRODUCTS

Goods of national production or manufacture, and those of foreign origin legally introduced, will circulate freely within the territory of the Republic.

Article 109 - ON PRIVATE PROPERTY

Private property is guaranteed, the content and limits of which will be established by law, taking into account its economic and social function, in order to make it accessible to all.

Private property is unbreakable.

No one can be deprived of their property except by virtue of a judicial sentence, but expropriation for reasons of public utility or social interest is admitted, which will be determined in each case by law. This will guarantee the prior payment of a fair compensation, established conventionally or by court ruling, except for unproductive large estates destined for agrarian reform, in accordance with the procedure for expropriations to be established by law.

Article 110 - ON COPYRIGHT AND INTELLECTUAL PROPERTY

Every author, inventor, producer or merchant will enjoy exclusive ownership of his work, invention, trademark or trade name, in accordance with the law.

Article 111 - ON TRANSFERS OF PUBLIC ENTERPRISES

Whenever the State decides to transfer public companies or their participation in them to the private sector, it will give preferential purchase option to workers and sectors directly involved with the company. The law will regulate the way in which said option will be established.

Article 112 - DOMAIN OF THE STATE

The State is in charge of the hydrocarbons, solid, liquid and gaseous minerals that are found in their natural state in the territory of the Republic, with the exception of stony, earthy and calcareous substances.

The State may grant concessions to people or public or private, mixed, national or foreign companies, for prospecting, exploration, investigation, search or exploitation of deposits, for a limited time.

The law will regulate the economic regime that contemplates the interests of the State, those of the concessionaires and those of the owners that could be affected.

Article 113 - OF THE PROMOTION OF COOPERATIVES

The State will promote the cooperative enterprise and other associative forms of production of goods and services, based on solidarity and social profitability, to which it will guarantee their free organization and autonomy.

The principles of cooperativism as an instrument of national economic development will be disseminated through the educational system.

SECTION II
OF THE AGRARIAN REFORM

Article 114 - ON THE OBJECTIVES OF THE AGRICULTURAL REFORM

Agrarian reform is one of the fundamental factors to achieve rural well-being. it consists in the effective incorporation of the peasant population to the economic and social development of the Nation. Equitable systems of land distribution, ownership and tenure will be adopted; credit and technical, educational and health assistance will be organized; The creation of agricultural cooperatives and other similar associations will be encouraged, and production, industrialization and market rationalization will be promoted for the integral development of agriculture.

Article 115 - ON THE BASES OF AGRICULTURAL REFORM AND RURAL DEVELOPMENT

The agrarian reform and rural development will be carried out in accordance with the following bases:

The adoption of a tax system and other measures that stimulate production, discourage large estates and guarantee the development of small and medium rural properties, according to the peculiarities of each area;
the rationalization and regularization of land use and cultivation practices to prevent its degradation, as well as the promotion of intensive and diversified agricultural production;
the promotion of small and medium agricultural enterprises;
the programming of peasant settlements; the awarding of plots of land owned by the beneficiaries of the agrarian reform, providing the necessary infrastructure for their settlement and establishment, with emphasis on roads, education and health;
the establishment of systems and organizations that ensure fair prices to the primary producer;
the granting of agricultural credits, at low cost and without intermediaries;
defense and preservation of the environment;
the creation of agricultural insurance;
support for peasant women, especially those who are heads of the family;
the participation of peasant women, on an equal footing with men, in the agrarian reform plans;
the participation of the subjects of the agrarian reform in the respective process, and the promotion of peasant organizations in defense of their economic, social and cultural interests.
preferential support for compatriots in agrarian reform plans;
the education of the farmer and his family, in order to train them as active agents of national development;
the creation of regional centers for the study and agrological classification of soils, to establish agricultural items in suitable regions;
the adoption of policies that stimulate the interest of the population in agricultural tasks, creating professional training centers in rural areas, and
the promotion of internal migration, taking into account demographic, economic and social reasons.

Article 116 - ON THE IMPRODUCTIVE LATIFUNDIOS

In order to progressively eliminate unproductive large estates, the law will address the natural aptitude of the lands, the needs of the population sector linked to agriculture and the advisable provisions for the balanced development of agricultural, agricultural, forestry and industrial activities , as well as the sustainable use of natural resources and the preservation of the ecological balance.

The expropriation of unproductive large estates destined for agrarian reform will be established in each case by law, and will be paid in the manner and within the term determined by it.

CHAPTER X
OF RIGHTS AND POLITICAL DUTIES

Article 117 - ON POLITICAL RIGHTS

Citizens, without distinction of sex, have the right to participate in public affairs, directly or through their representatives, in the manner determined by this Constitution and the laws.

The access of women to public functions will be promoted.

Article 118 - SUFFRAGE

Suffrage is the right, duty and public function of the voter.

It constitutes the basis of the democratic and representative regime. It is based on the universal, free, direct, equal and secret vote; in public and audited scrutiny, and in the proportional representation system.

Article 119 - SUFFRAGE IN INTERMEDIATE ORGANIZATIONS

For the elections in the intermediate, political, union and social organizations, the same principles and norms of suffrage will be applied.

Article 120 - OF THE ELECTORS

Paraguayan citizens living in the national territory, without distinction, who have completed eighteen years are voters.

Citizens are electors and eligible, without any restrictions other than those established in this Constitution and in the law.

Foreigners with permanent residence will have the same rights in municipal elections.

Article 121 - ON THE REFERENDUM

The legislative referendum, decided by law, may or may not be binding. This institution will be regulated by law.

Article 122 - OF THE SUBJECTS THAT MAY NOT BE THE OBJECT OF A REFERENDUM

The following may not be the subject of a referendum:

International relations, treaties, conventions or international agreements;
expropriations;
national defense;
the limitation of real estate;
matters relating to the tax, monetary and banking systems, the contracting of loans, the General Budget of the Nation, and
national, departmental and municipal elections.

Article 123 - ON THE POPULAR INITIATIVE

Voters have the right to popular initiative to propose bills to Congress. The form of the proposals, as well as the number of voters who must sign them, will be established in the law.

Article 124 - ON THE NATURE AND FUNCTIONS OF THE POLITICAL PARTIES

Political parties are legal entities governed by public law. They must express pluralism and attend the formation of the elective authorities, the orientation of national, departmental or municipal politics and the civic formation of citizens.

Article 125 - ON THE FREEDOM OF ORGANIZATION IN PARTIES OR IN POLITICAL MOVEMENTS

All citizens have the right to freely associate in parties and or in political movements to concur, by democratic methods, to the election of the authorities provided for in this Constitution and in the laws, as well as in the orientation of national politics. The law shall regulate the constitution and operation of political parties and movements, in order to ensure their democratic character.

The legal personality of political parties and movements can only be canceled by virtue of a court ruling.

Article 126 - OF THE PROHIBITIONS TO THE PARTIES AND TO THE POLITICAL MOVEMENTS

Political parties and movements, in their operation, may not:

receive financial assistance, directives or instructions from foreign organizations or states;
establish structures that, directly or indirectly, imply the use or appeal to violence as a methodology of political activity, and
be constituted for the purpose of forcibly replacing the regime of freedom and democracy, or of endangering the existence of the Republic.

CHAPTER XI
OF THE DUTIES

Article 127 - COMPLIANCE WITH THE LAW

Everyone is obliged to comply with the law, criticism of the laws is free, but it is not allowed to preach their disobedience.

Article 128 - OF THE PRIMACITY OF THE GENERAL INTEREST AND OF THE DUTY TO COLLABORATE

In no case will the interest of individuals take precedence over the general interest. all inhabitants must collaborate for the good of the country, providing services and performing the functions defined as public charge, determined by this Constitution and the law.

Article 129 - ON THE MILITARY SERVICE

Every Paraguayan has the obligation to prepare and to lend his assistance for the armed defense of the Homeland.

For this purpose, compulsory military service is established. The law will regulate the conditions in which this duty will be carried out.

Military service must be performed with full dignity and respect for the person. In time of peace, it may not exceed twelve months.

Women will not render military service but as auxiliaries, in case of need, during international armed conflict.

Those who declare their conscientious objection will provide service for the benefit of the civilian population, through assistance centers designated by law and under civil jurisdiction. The regulation and exercise of this right shall not be punitive in nature, nor shall they impose charges higher than those established for military service.

Personal military service not determined by law, or for the benefit or private profit of private persons or entities, is prohibited.

The law will regulate the contribution of foreigners to national defense.

Article 130 - OF THE BENEMERITES OF THE COUNTRY

Veterans of the Chaco war, and those of other international armed conflicts that are waged in defense of the Homeland, will enjoy honors and privileges; of pensions that allow them to live decently; preferential, free and complete assistance to your health, as well as other benefits, as determined by law.

In the economic benefits they will be succeeded by their widows and minor or disabled children, including those of veterans who died prior to the promulgation of this Constitution.

The benefits granted to the worthies of the Homeland will not be restricted and will be effective immediately, with no other requirement than their reliable certification.

Former Bolivian prisoners of war, who since the signing of the Peace Treaty have chosen to permanently integrate into the country, are equated with the veterans of the Chaco war in terms of economic benefits and assistance benefits.

CHAPTER XII
OF THE CONSTITUTIONAL GUARANTEES

Article 131 - OF THE GUARANTEES

In order to make the rights enshrined in this Constitution effective, the guarantees contained in this chapter are established, which shall be regulated by law.

Article 132 - ON UNCONSTITUTIONALITY

The Supreme Court of Justice has the power to declare the unconstitutionality of legal norms and judicial resolutions, in the manner and with the scope established in this Constitution and in the law.

Article 133 - ON HABEAS CORPUS

This guarantee may be filed by the affected party, by himself or by a third party, without the need for power of attorney by any reliable means, and before any Judge of First Instance of the respective judicial district.

The Habeas Corpus may be:

Price quotation: By virtue of which every person, in the imminent trance of being illegally deprived of his physical freedom, may request an examination of the legitimacy of the circumstances that, in the opinion of the affected, threaten his freedom, as well as an order to cease said restrictions.
Repairman: By virtue of which any person who is illegally deprived of his liberty may seek the rectification of the circumstances of the case. The magistrate will order the appearance of the detainee, with a report from the public or private agent who detained him, within twenty-four hours of the petition being filed. If the requested person does not do so, the Judge will establish himself in the place where the person is confined, and in that place he will make a judgment on the merits and will order his immediate release, just as if the presentation of the detainee had been complied with and the report has been filed. If there are no legal reasons that authorize the deprivation of his liberty, he will have it immediately; If there is a written order from the judicial authority, it will forward the antecedents to the person who ordered the arrest.
Generic: By virtue of which rectification of circumstances may be demanded that, not being contemplated in the two previous cases, restrict freedom or threaten personal safety. Likewise, this guarantee may be filed in cases of physical, mental or moral violence that aggravate the conditions of persons legally deprived of their liberty.

The law will regulate the various forms of habeas corpus, which will even proceed during the state of exception. The procedure will be brief, summary and free, and may be initiated ex officio.

Article 134 - OF THE AMPARO

Any person who, due to an act or omission, manifestly illegitimate, of an authority or of a private individual, is considered seriously injured, or in imminent danger of being so in rights or guarantees enshrined in this Constitution or in the law, and that due to urgency of the case could not be remedied by the ordinary way, you can file protection before the competent magistrate. the procedure will be brief, summary, free, and of popular action for the cases provided for in the law.

The magistrate will have the power to safeguard the right or guarantee, or to immediately restore the infringed legal situation.

If it is an electoral question, or related to political organizations, the electoral justice will be competent.

The Amparo may not be promoted in the processing of legal cases, or against acts of judicial bodies, or in the process of formation, sanction and promulgation of laws.

The law will regulate the respective procedure. The sentences relapsed in the Amparo will not cause status.

Article 135 - ON HABEAS DATA

Any person can access the information and data that on themselves, or their assets, are held in official or private public records, as well as know the use made of them and their purpose. You may request before the competent magistrate the update, rectification or destruction of those, if they are erroneous or illegitimately affect your rights.

Article 136 - ON THE JURISDICTION AND RESPONSIBILITY

No judicial magistrate with competence may refuse to understand the actions or remedies provided for in the previous articles; if he does so unjustifiably, he will be prosecuted and, where appropriate, removed.

In the decisions issued, the judicial magistrate must also rule on the responsibilities incurred by the authorities as a result of the illegitimate proceeding and, if there are prima facie circumstances that evidence the perpetration of the crime, order the arrest or suspension of those responsible, as well as like any precautionary measure that is appropriate for the greater effectiveness of said responsibilities. Likewise, if it had competence, it will instruct the pertinent summary and give intervention to the Public Ministry; If it does not have it, it will pass the antecedents to the competent magistrate for its prosecution.

PART III
OF THE POLITICAL ORDER OF THE REPUBLIC

TITLE I
OF THE NATION AND THE STATE

CHAPTER I
OF THE GENERAL DECLARATIONS

Article 137 - ON THE SUPREMACY OF THE CONSTITUTION

The supreme law of the Republic is the Constitution. This, the international treaties, conventions and agreements approved and ratified, the laws issued by Congress and other legal provisions of a lower hierarchy, sanctioned accordingly, integrate the national positive law in the order of priority stated.

Whoever attempts to change said order, regardless of the procedures provided in this Constitution, will incur the crimes that will be typified and punished by law.

This Constitution shall not lose its validity nor shall it cease to be observed by acts of force or was repealed by any other means other than that which it has.

All provisions or acts of authority contrary to what is established in this Constitution are invalid.

Article 138 - ON THE VALIDITY OF THE LEGAL ORDER

Citizens are allowed to resist such usurpers, by all means at their disposal. In the hypothesis that that person or group of people, invoking any principle or representation contrary to this constitution, hold public power, their acts are declared null and void, non-binding and, therefore, the people in the exercise of their right to resist oppression is exempt from its fulfillment.

Foreign states that, for any circumstance, are related to such usurpers may not invoke any pact, treaty or agreement signed or authorized by the usurper government, to subsequently demand it as an obligation or commitment of the Republic of Paraguay.

Article 139 - OF THE SYMBOLS

They are symbols of the Republic of Paraguay:

the flag of the Republic;
the national seal, and
the National anthem.

The law shall regulate the characteristics of the symbols of the Republic not provided for in the resolution of the Extraordinary General Congress of November 25, 1842, and determining their use.

Article 140 - ON THE LANGUAGES

Paraguay is a multicultural and bilingual country.

The official languages are Castilian and Guarani. The law will establish the modalities of use of one and the other.

Indigenous languages, as well as those of other minorities, are part of the cultural heritage of the Nation.

CHAPTER II
OF INTERNATIONAL RELATIONS

Article 141 - OF THE INTERNATIONAL TREATIES

Validly executed international treaties, approved by law of Congress, and whose instruments of ratification were exchanged or deposited, form part of the internal legal order with the hierarchy determined by Article 137.

Article 142 - ON THE DENUNCIATION OF THE TREATIES

International treaties related to human rights may not be denounced except through the procedures that govern the amendment of this Constitution.

Article 143 - ON INTERNATIONAL RELATIONS

The Republic of Paraguay, in its international relations, accepts international law and adheres to the following principles:

national independence;
the self-determination of the peoples;
legal equality between States;
solidarity and international cooperation;
the international protection of human rights;
the free navigation of international rivers;
non-intervention, and
it condemns all forms of dictatorship, colonialism and imperialism.

Article 144 - OF THE RESIGNATION OF WAR

The Republic of Paraguay renounces the war, but supports the principle of legitimate defense. This declaration is compatible with the rights and obligations of Paraguay as a member of the United Nations and the Organization of American States, or as a party to integration treaties.

Article 145 - OF THE SUPRANATIONAL LEGAL ORDER

The Republic of Paraguay, under conditions of equality with other States, admits a supranational legal order that guarantees the validity of human rights, peace, justice, cooperation and development, in political, economic, social and cultural.

Said decisions may only be adopted by an absolute majority of each Chamber of Congress.

CHAPTER III
OF NATIONALITY AND CITIZENSHIP

Article 146 - ON NATURAL NATIONALITY

They are of natural Paraguayan nationality:

people born in the territory of the Republic;
the children of a Paraguayan mother or father who, one or both of them in the service of the Republic, are born abroad;
the children of a Paraguayan mother or father born abroad, when they settle in the Republic permanently, and
the infants of unknown parents, collected in the territory of the Republic.

The formalization of the right enshrined in subsection 3. will be made by simple declaration of the interested party, when the latter is over eighteen years of age. If he has not complied with them yet, the declaration of his legal representative will be valid until said age, being subject to ratification by the interested party.

Article 147 - ON THE NON-DEPRIVATION OF NATURAL NATIONALITY

No natural Paraguayan will be deprived of his nationality, but may voluntarily renounce it.

Article 148 - ON NATIONALITY BY NATURALIZATION

Foreigners may obtain Paraguayan nationality by naturalization if they meet the following requirements:

of legal age:
minimum residence of three years in national territory;
exercise in the country of any profession, trade, science, art or industry, and
good conduct, defined in law.

Article 149 - ON MULTIPLE NATIONALITY

Multiple nationality may be admitted by international treaty by reciprocity of constitutional rank between the States of the natural of origin and the one of adoption.

Article 150 - ON THE LOSS OF NATIONALITY

Naturalized Paraguayans lose their nationality by virtue of unjustified absence from the Republic for more than three years, declared in court, or by the voluntary acquisition of another nationality.

Article 151 - ON HONORARY NATIONALITY

By law of Congress, foreigners who have rendered eminent services to the Republic may be distinguished with honorary nationality.

Article 152 - ON CITIZENSHIP

They are citizens:

Any person of natural Paraguayan nationality, from eighteen years of age, and
Any person of Paraguayan nationality by naturalization, after two years of having obtained it.

Article 153 - ON THE SUSPENSION OF THE EXERCISE OF CITIZENSHIP

The exercise of citizenship is suspended:

by the adoption of another nationality, except international reciprocity;
by incapacity declared in court, which prevents acting freely and with discernment, and
When the person is serving a judicial sentence, with a custodial sentence.

The suspension of citizenship ends when the cause that determines it legally ceases.

Article 154 - ON THE EXCLUSIVE JURISDICTION OF THE JUDICIARY

The law will establish the norms on the acquisition, recovery and option of nationality, as well as on the suspension of citizenship.

The Judiciary will have exclusive competence to understand these cases.

CHAPTER IV
OF THE TERRITORIAL ORDER OF THE REPUBLIC

SECTION I
OF THE GENERAL PROVISIONS

Article 155 - OF THE TERRITORY, OF SOVEREIGNTY AND OF INENAJENABILITY

The national territory may never be ceded, transferred, leased, or in any way alienated, even temporarily, to any foreign power. The States that maintain diplomatic relations with the Republic, as well as the international organizations of which it is a part, may only acquire the real estate necessary for the headquarters of their representations, in accordance with the provisions of the law. In these cases, national sovereignty over the soil will always be safe.

Article 156 - ON THE POLITICAL AND ADMINISTRATIVE STRUCTURE

For the purposes of the political and administrative structuring of the State, the national territory is divided into departments, municipalities and districts, which, within the limits of this Constitution and the laws, enjoy political, administrative and regulatory autonomy for the management their interests, and autarky in the collection and investment of their resources.

Article 157 - OF THE CAPITAL

The City of Asunción is the Capital of the Republic and seat of the powers of the State. It is constituted as a Municipality, and is independent of any Department. The law will set its limits.

Article 158 - ON THE NATIONAL SERVICES

The creation and operation of national services in the jurisdiction of the departments and municipalities shall be authorized by law.

Departmental services may also be established, through agreements between the respective departments and municipalities.

Article 159 - OF THE DEPARTMENTS AND MUNICIPALITIES

The creation, merger or modification of departments and their capitals, municipalities and districts, where appropriate, will be determined by law, taking into account their socio-economic, demographic, ecological, cultural and historical conditions.

Article 160 - REGIONS

The departments may be grouped into regions, for the better development of their respective communities. Its constitution and its operation will be regulated by law.

SECTION II
OF THE DEPARTMENTS

Article 161 - DEPARTMENTAL GOVERNMENT

The government of each department will be exercised by a governor and by a departmental board. They will be elected by direct vote of the citizens living in the respective departments, in elections coinciding with the general elections, and they will last five years in their functions.

The governor represents the Executive Power in the execution of national policy. He cannot be elected.

The law will determine the composition and functions of the departmental boards.

Article 162 - ON THE REQUIREMENTS

To be a governor, it is required:

be a natural Paraguayan;
be thirty years old, and
be a native of the department and established in it for at least one year. In the event that the candidate is not a native of the department, he must be in it for a minimum of five years. Both terms will be counted immediately before the elections.

The disqualifications for candidates for governor will be the same as for President and Vice President of the Republic.

To be a member of the departmental board, the same requirements established for the position of governor apply, with the exception of age, which must be twenty-five years of age.

Article 163 - ON COMPETITION

It is the responsibility of the departmental government:

coordinate their activities with those of the different municipalities of the department; organize common departmental services, such as public works, provision of energy, drinking water and others that jointly affect more than one Municipality, as well as promoting cooperative associations between them;
prepare the departmental development plan, which must be coordinated with the National Development Plan, and prepare the annual budget formulation, to be considered in the General Budget of the Nation;
coordinate departmental action with the activities of the central government, especially those related to the national offices of the department, primarily in the field of health and education;
arrange for the integration of the Departmental Development Councils, and
the other competences established by this Constitution and the law.

Article 164 - ON RESOURCES

The departmental administration resources are:

the corresponding portion of taxes, fees and contributions that are defined and regulated by this constitution and by law;
the allocations or subsidies assigned to them by the national government;
own income determined by law, as well as donations and legacies, and
the other resources established by law.

Article 165 - OF THE INTERVENTION

The departments and municipalities may be intervened by the Executive Power, with the prior agreement of the Chamber of Deputies, in the following cases:

at the request of the departmental or municipal board, by decision of the absolute majority;
due to the disintegration of the departmental or municipal board, which makes it impossible to function, and
due to serious irregularity in the execution of the budget or in the administration of its assets, following the opinion of the Comptroller General of the Republic.

The intervention will not last for more than ninety days, and if it results in the existence of the case provided for in subsection 3., the Chamber of Deputies by an absolute majority, may remove the governor or the mayor, or the departmental or municipal board The Superior Court of Electoral Justice must call for new elections to establish the authorities to replace those who have ceased their functions, within ninety days following the resolution issued by the Chamber of Deputies.

SECTION III
OF THE MUNICIPALITIES

Article 166 - ON AUTONOMY

Municipalities are the local government bodies with legal status that, within their competence, have political, administrative and regulatory autonomy, as well as autarky in the collection and investment of their resources.

Article 167 - ON THE MUNICIPAL GOVERNMENT

The government of the municipalities will be in charge of a mayor and a municipal board, which will be elected by direct suffrage by the legally authorized persons.

Article 168 - ON THE ATTRIBUTIONS

The powers of the municipalities, in their territorial jurisdiction and in accordance with the law, will be:

the free management in matters of its competence, particularly in those of urban planning, environment, supply, education, culture, sports, tourism, health and social assistance, credit institutions, inspection bodies and police;
the administration and disposition of its assets;
the preparation of your income and expenses budget;
participation in national income;
the regulation of the amount of the remuneration rates for services actually rendered, not being able to exceed the cost thereof;
the issuance of ordinances, regulations and resolutions;
access to private credit and public, national and international credit;
the regulation and control of traffic, public transport and other matters related to the circulation of vehicles, and
the other attributions established by this Constitution and the law.

Article 169 - REAL ESTATE TAX

The municipalities and departments will be responsible for all the taxes levied on real property directly. Its collection will be the responsibility of the municipalities. Seventy percent of the proceeds collected by each municipality will remain in the property of the same, fifteen percent in that of the respective department and the remaining fifteen percent will be distributed among the municipalities with less resources, in accordance with the law.

Article 170 - ON THE PROTECTION OF RESOURCES

No State institution, autonomous, autarkic or decentralized entity may appropriate income or income from the municipalities.

Article 171 - OF THE CATEGORIES AND OF THE SYSTEMS

The different categories and regimes of municipalities will be established by law, taking into account the conditions of population, economic development, geographical, ecological, cultural, historical situation and other determining factors of their development.

The municipalities may associate with each other to jointly face the realization of their goals and, by law, with municipalities of other countries.

CHAPTER V
OF THE PUBLIC FORCE

Article 172 - OF THE COMPOSITION

The Public Force is exclusively made up of the military and police forces.

Article 173 - ON THE ARMED FORCES

The Armed Forces of the Nation constitutes a national institution that will be organized on a permanent, professional, non-deliberative, obedient nature, subordinate to the powers of the State and subject to the provisions of this Constitution and the laws. Its mission is to safeguard the territorial integrity and to defend the legitimately constituted authorities, in accordance with this Constitution and the laws. Its organization and its numbers will be determined by law.

Active duty military personnel will adjust their performance to the laws and regulations, and may not join any political party or movement, or carry out any type of political activity.

Article 174 - ON THE MILITARY TRIBUNALS

The military courts will only judge crimes or misdemeanors of a military nature, classified as such by law, and committed by the military on active duty. Their rulings may be appealed before the ordinary justice.

In the case of a planned and punishable act, both by common criminal law and by military criminal law, it will not be considered a military crime, unless it had been committed by a military officer on active duty and in the exercise of military functions. In case of doubt as to whether the crime is common or military, it will be considered a common crime. Only in the event of an international armed conflict, and in the manner provided by law, these courts may have jurisdiction over retired civilians and military personnel.

Article 175 - ON THE NATIONAL POLICE

The National Police is a professional, non-deliberative, obedient institution, organized on a permanent basis and in hierarchical dependence on the organ of the Executive Power in charge of the internal security of the Nation.

Within the framework of this Constitution and the laws, it has the mission of preserving the legally established public order, as well as the rights and security of people and entities and their property; take care of crime prevention; execute the mandates of the competent authority and, under judicial direction, investigate crimes. The law will regulate its organization and its powers.

The command of the National Police will be exercised by a superior officer from his permanent cadre. Active duty police officers may not join any political party or movement, or carry out any type of political activity.

The creation of independent police forces may be established by law, which shall establish their powers and respective competences, at the municipal level and in that of the other powers of the State.

CHAPTER VI
ON THE ECONOMIC POLICY OF THE STATE

SECTION I
OF THE NATIONAL ECONOMIC DEVELOPMENT

Article 176 - ON THE ECONOMIC POLICY AND THE PROMOTION OF DEVELOPMENT

The economic policy will have as its aims, fundamentally, the promotion of economic, social and cultural development.

The State shall promote economic development through the rational use of available resources, in order to promote an orderly and sustained growth of the economy, to create new sources of work and wealth, to increase the national patrimony and to ensure the well-being of the population. Development will be fostered with global programs that coordinate and guide national economic activity.

Article 177 - ON THE CHARACTER OF THE DEVELOPMENT PLANS

National development plans will be indicative for the private sector, and mandatory for the public sector.

SECTION II
OF THE FINANCIAL ORGANIZATION

Article 178 - ON THE RESOURCES OF THE STATE

For the fulfillment of its purposes, the State establishes taxes, rates, contributions and other resources; it exploits by itself, or through concessionaires, the assets of its private domain, over which it determines royalties, "royalties", compensations or other rights, under fair and convenient conditions for national interests; organizes the exploitation of public services and receives the canon of the rights that are established; contracts internal or international loans for national development programs; regulates the financial system of the country, and organizes, fixes and composes the monetary system.

Article 179 - ON THE CREATION OF TRIBUTES

All tributes, whatever their nature or denomination, will be established exclusively by law, responding to fair economic and social principles, as well as policies favorable to national development.

It is also exclusive to the law to determine the taxable matter, the obligated subjects and the nature of the tax system.

Article 180 - ON THE DOUBLE TAXATION

The same event that generates the tax obligation may not be subject to double taxation. In international relations, the State may enter into agreements that avoid double taxation, on the basis of reciprocity.

Article 181 - ON THE EQUALITY OF TAX

Equality is the basis of the tribute. No tax will be confiscatory. Its creation and its validity will attend to the contributory capacity of the inhabitants and the general conditions of the country's economy.

TITLE II
OF THE STRUCTURE AND ORGANIZATION OF THE STATE

CHAPTER I
OF THE LEGISLATIVE POWER

SECTION I
OF THE GENERAL PROVISIONS

Article 182 - OF THE COMPOSITION

The Legislative Power will be exercised by the Congress, composed of a Chamber of Senators and another of Deputies.

The titular and alternate members of both Chambers shall be directly elected by the people; in accordance with the law.

The alternate members will replace the incumbents in the event of their death, resignation or disability, for the rest of the constitutional period or while the disability lasts, if it is temporary. In all other cases, the regulations of each Chamber will resolve.

Article 183 - MEETING IN CONGRESS

Only both Houses, meeting in Congress, will have the following duties and powers:

receiving the oath or promise, assuming office, from the President of the Republic, the Vice President and the members of the Supreme Court of Justice;
grant or deny the President of the Republic the corresponding permission, in the cases provided for by this Constitution;
authorize the entry of foreign armed forces to the territory of the Republic and the foreign exit of nationals, except in cases of mere courtesy;
receive Heads of State or Government of other countries, and
the other duties and attributions established by this Constitution.

The President of the Chamber of Senators and of the Chamber of Deputies will preside over the meetings of Congress as President and Vice President, respectively.

Article 184 - ON THE SESSIONS

Both Houses of Congress will meet annually in ordinary sessions, from July 30 of each year until the following June XNUMX, with a recess period from December twenty-one to March XNUMX, the date on which they will render their report. the president of the Republic. The two Chambers will convene to extraordinary sessions or will extend their sessions by decision of a quarter of the members of either of them; by resolution of two thirds of the members of the Permanent Commission of Congress, or by decree of the Executive Power. The President of Congress or the President of the Permanent Commission must summon them within a peremptory period of forty-eight hours.

The extensions of sessions will be effected in the same way. The extraordinary ones will be summoned to deal with a specific agenda, and will be closed once it has been exhausted.

Article 185 - ON THE JOINT SESSIONS

The Chambers will meet jointly in the cases provided for in this Constitution in the Regulations of Congress, where the necessary formalities will be established.

The legal quorum will be formed with half plus one of the total of each Chamber. Except in the cases in which this Constitution establishes qualified majorities, decisions will be made by a simple majority of votes of the members present.

For the votes of the Chambers of Congress, a simple majority shall be understood as half plus one of the members present; by a two-thirds majority, two-thirds of the members present; by an absolute majority, the legal quorum, and by an absolute majority of two thirds, two thirds of the total number of members of each chamber.

The provisions set forth in this Article shall also apply to the sessions of both chambers meeting in Congress.

The same regime of quorum and majorities shall apply to any elective collegiate body provided for by this Constitution.

Article 186 - ON COMMITTEES

The chambers will function in plenary session and in unicameral or bicameral commissions.

All the commissions will be integrated, as far as possible, proportionally, in accordance with the banks represented in the Chambers.

At the beginning of the annual sessions of the legislature, each House will appoint permanent advisory committees. They may request reports or opinions from people and public or private entities, in order to produce their opinions or to facilitate the exercise of the other powers that correspond to Congress.

Article 187 - OF THE ELECTION AND DURATION

The senators and full and alternate deputies will be elected in simultaneous elections with the presidential ones.

The legislators will last five years in their mandate, starting on July XNUMX and may be re-elected.

Definitive or temporary vacancies in the Chamber of Deputies will be covered by the alternates elected in the same department, and those in the Chamber of Senators by alternates from the list proclaimed by the Electoral Justice.

Article 188 - ON THE OATH OR PROMISE

In the act of their incorporation into the chambers, the senators and deputies shall take an oath or promise to perform properly in office and to act in accordance with what this Constitution prescribes.

None of the chambers may meet, deliberate or adopt decisions without the presence of the absolute majority. A smaller number may, however, compel the absent members to attend the sessions under the terms established by each Chamber.

Article 189 - ON LIFE SENADURIES

The former presidents of the Republic, democratically elected, will be senators for life of the Nation, unless they have been subjected to political trial and found guilty. They will not make up the quorum. They will have a voice but no vote.

Article 190 - REGULATION

Each Chamber shall draw up its regulations. By a two-thirds majority, it may admonish or receive any of its members, for misconduct in the exercise of their functions, and suspend it for up to sixty days without receiving a diet. He may be removed by an absolute majority due to physical or mental incapacity, declared by the Supreme Court of Justice. In the cases of resignation, it will be decided by a simple majority of votes.

Article 191 - IMMUNITIES

No member of Congress may be prosecuted for the opinions he or she expresses in the performance of their duties. No Senator or Deputy may be detained, from the day of his election until the day of the cessation of his functions, unless he was found in flagrante delicto that merits corporal punishment. In this case, the intervening authority will place him in custody at his residence, will immediately report the fact to the respective Chamber and the competent judge, to whom he will send the information as soon as possible.

When a case is formed against a Senator or a Deputy before the ordinary courts, the judge will communicate it, with a copy of the antecedents, to the respective Chamber, which will examine the merits of the summary, and by a two-thirds majority will decide if there is place or not lawlessness, to be subjected to process. In the affirmative case, it will suspend you in its jurisdiction.

Article 192 - REQUESTING REPORTS

The Chambers may request from the other powers of the State, from autonomous, autarkic and decentralized entities, and from public officials, reports on matters of public interest that they deem necessary, except for jurisdictional activity.

Those affected are obliged to respond to requests for a report within the period indicated, which may not be less than fifteen days.

Article 193 - ON THE SUMMONS AND THE INTERPELLATION

Each Chamber. By absolute majority, it may individually summon and interpellate the ministers and other senior officials of the Public Administration, as well as the directors and administrators of the autonomous, autarkic and decentralized entities, those of entities that administer State funds and those of the companies with majority state participation, when a law is discussed or a matter concerning their respective activities is studied. Questions must be communicated to the aforementioned at least five days in advance. Except for just cause, it will be mandatory for those mentioned to attend the requirements, answer the questions and provide all the information that was requested.

The law will determine the participation of the majority and the minority in the formulation of the questions.

The President of the Republic, the Vice President or the members of the Judiciary may not be summoned or questioned in jurisdictional matters.

Article 194 - ON THE VOTE OF CENSORSHIP

If the aforementioned does not attend the respective Chamber, or she considers his statements unsatisfactory, both Chambers, by an absolute majority of two thirds, may cast a vote of no confidence against him and recommend his removal from office to the President of the Republic or to the superior. hierarchical.

If the motion of censure is not approved, another on the same subject will not be presented with respect to the same Minister or official mentioned, in that session.

Article 195 - OF THE COMMITTEES OF INVESTIGATION

Both Chambers of Congress may establish joint investigation commissions on any matter of public interest, as well as on the conduct of their members.

The directors and administrators of the autonomous, autarkic and decentralized entities, those of the entities that administer State funds, those of the majority state-owned companies, public officials and individuals are obliged to appear before both Chambers and provide them with the information and the documentation that is required. The law will establish the penalties for non-compliance with this obligation.

The President of the Republic, the Vice President, the ministers of the Executive Power and the judicial magistrates, in jurisdictional matters, may not be investigated.

The activity of the investigative commissions will not affect the exclusive attributions of the Judicial Power, nor will it harm the rights and guarantees enshrined in this constitution, their conclusions will not be binding on the courts or undermine judicial decisions, without prejudice to the result of the investigation, which may be communicated to the ordinary justice.

The judges will order, according to law, the procedures and tests that are required, for the purposes of the investigation.

Article 196 - ON INCOMPATIBILITIES

Public department advisers, civil servants and other salaried employees of the State or municipalities may be elected, but may not perform legislative functions, whatever the denomination under which they appear and the concept of their remuneration, while the appointment subsists. for such charges.

The partial exercise of teaching and scientific research are excepted from the incompatibilities established in this Article.

No Senator or Deputy may be part of companies that exploit public services or have State concessions, or exercise legal advice or representation thereof, by himself or through a third party.

Article 197 - INABILITIES

The following cannot be candidates for senators or deputies:

those sentenced by a final sentence to custodial sentences, while the sentence lasts;
those sentenced to disqualification for the exercise of public function, while it lasts;
those convicted of the commission of electoral crimes, for the duration of the sentence;
the judicial magistrates, the representatives of the Public Ministry, the Attorney General of the Republic, the Sub-accountant, and the members of the Electoral Justice;
ministers or religious of any creed;
the representatives or agents of companies, corporations or national or foreign entities that are concessionaires of state services, or of execution of works or provision of goods to the State;
the military and police on active duty;
the candidates for President of the Republic or Vice President, and
the owners or co-owners of the media.

Citizens affected by the disqualifications provided for in sections 4, 5, 6, and 7, and must cease their inability to be candidates ninety days, at least, before the date of registration of their lists in the Superior Court of Justice Electoral.

Article 198 - RELATIVE INABILITY

Ministers of the Executive Power may not be elected senators or deputies; the undersecretaries of state; the presidents of councils or general administrators of decentralized, autonomous, autarkic, binational or multinational entities, those of companies with majority state participation, and governors and mayors, if they do not resign their respective positions and they are accepted at least ninety days before the date of the elections.

Article 199 - ON PERMITS

Senators and deputies may only accept positions of Minister or diplomat. To perform them, they must request permission from the respective Chamber, to which they may rejoin at the end of those functions.

Article 200 - OF THE ELECTION OF AUTHORITIES

Each Chamber shall constitute its authorities and designate its employees.

Article 201 - ON THE LOSS OF THE INVESTITURE

Senators and deputies will lose their investiture, in addition to the cases already provided, for the following reasons:

the violation of the regime of disabilities and incompatibilities provided for in this Constitution, and
the improper use of influences, reliably verified.

Senators and deputies will not be subject to mandatory mandates.

Article 202 - ON DUTIES AND ATTRIBUTIONS

The duties and powers of Congress are:

to ensure the observance of this Constitution, of the laws;
dictate the codes and other laws, modify or repeal them, interpreting this Constitution;
establish the political division of the territory of the Republic, as well as the regional, departmental and municipal organization;
legislate on tax matters;
annually sanction the law of the General Budget of the Nation;
dictate the Electoral Law;
determine the legal regime for the sale and acquisition of fiscal, departmental and municipal assets;
issue internal resolutions and agreements, as well as formulate declarations, in accordance with its powers;
approve or reject treaties and other international agreements signed by the executive branch;
approve or reject the contracting of loans;
authorize, for a specified time, concessions for the exploitation of national, multinational or state property public services, as well as for the extraction and transformation of solid, liquid and gaseous minerals;
to dictate laws for the organization of the administration of the Republic, for the creation of decentralized entities and for the ordering of public credit;
to issue emergency laws in the event of disaster or public calamity;
receive the constitutional promise oath of the President of the Republic, that of the Vice President and that of the other officials, in accordance with the provisions of this Constitution;
receive from the President of the Republic, a report on the general situation of the country, on its administration and on the government plans; in the manner provided in this Constitution;
accept or reject the resignation of the President of the Republic and that of the Vice President;
render the agreements and make the appointments that this Constitution prescribes, as well as the appointments of representatives of Congress in other organs of the State;
grant amnesties;
decide the transfer of the Capital of the Republic to another point of the national territory, by an absolute majority of two thirds of the members of each Chamber;
approve or reject, in whole or in part and after a report from the Office of the Comptroller General of the Republic, the detail and justification of the income and expenditures of public finances on budget execution;
regulating river, maritime, air and space navigation, and
the other duties and attributions established by this Constitution.

SECTION II
OF THE FORMATION AND SANCTION OF THE LAWS

Article 203 - OF THE ORIGIN AND OF THE INITIATIVE

Laws may originate in any of the Chambers of Congress, at the proposal of its members; at the proposal of the executive branch; on popular initiative or that of the Supreme Court of Justice, in the cases and under the conditions provided for in this Constitution and in the law.

The exceptions regarding the origin of the laws in favor of one or another Chamber or the Executive Power are, exclusively, those expressly established in this Constitution.

Every bill will be presented with a statement of reasons.

Article 204 - OF THE APPROVAL AND OF THE PROMULGATION OF THE PROJECTS

Once a bill has been approved by the Chamber of origin, it will immediately go to the other Chamber for consideration. If this, in turn, approves it, the project will be sanctioned and, if the Executive Power gives its approval, it will promulgate it as law and will order its publication within five days.

Article 205 - ON THE AUTOMATIC ENROLLMENT

Any bill that is not objected to or returned to the Chamber of origin within six business days will be considered approved by the Executive Power, if the bill contains up to ten articles; twelve business days if the items are over twenty. in all these cases, the project will be automatically promulgated and its publication will be arranged.

Article 206 - ON THE PROCEDURE FOR TOTAL REJECTION

When a bill, approved by one of the Chambers, is totally rejected by the other, it will return to that for a new consideration. When the Chamber of origin is ratified by an absolute majority, it will go back to the reviewer, who can only reject it again by an absolute majority of two-thirds and, if it is not obtained, the project will be deemed sanctioned.

Article 207 - ON THE PROCEDURE FOR PARTIAL MODIFICATION

A bill approved by the Chamber of origin, which has been partially modified by the other, will go to the first, where only each of the modifications made by the reviewer will be discussed.

For these cases, the following is established:

if all the modifications are accepted, the project will be sanctioned;
If all the modifications are rejected by an absolute majority, they will go back to the reviewing Chamber and, if it is ratified in its previous approval by an absolute majority, the bill will be sanctioned; if it is not ratified, the bill approved by the Chamber of origin will be sanctioned, and
If the modifications are accepted and others rejected, the project will go back to the Review Chamber, where only the rejected modifications will be discussed globally, and if they are accepted by an absolute majority, or rejected, the project will be sanctioned in the form resolved by her.

The sanctioned bill, with any of the alternatives provided in this Article, shall pass to the Executive Power for its promulgation.

Article 208 - ON PARTIAL OBJECTION

A bill, partially objected by the Executive Power, will be returned to the Chamber of origin for its study and pronouncement on the objections. If this Chamber rejects them by an absolute majority, the bill will go to the Review Chamber, where the same process will continue. If it also rejects said objections by the same majority, the original sanction will be confirmed, and the Executive Power will promulgate and publish it. If the Chambers desist on the objections, the project may not be repeated in the sessions of that year.

The objections may be totally or partially accepted or rejected by both Houses of Congress. If the objections are totally or partially accepted, both Chambers may decide, by an absolute majority, the sanction of the non-objected part of the bill, in which case it must be promulgated and published by the Executive Power.

Objections will be dealt with by the Chamber of origin within sixty days of their entry into it, and in the same case by the Review Chamber.

Article 209 - OF THE TOTAL OBJECTION

If a bill is totally rejected by the Executive Power, it will return to the Chamber of origin, which will discuss it again. If this confirms the initial sanction by absolute majority, it will go to the reviewing Chamber; if it is also approved by the same majority, the Executive Power will promulgate and publish it. If the Chambers dissent on the total rejection, the project may not be repeated in the sessions of that year.

Article 210 - EMERGENCY TREATMENT

The Executive Power may request the urgent treatment of bills that it sends to Congress. In these cases, the project will be processed by the Chamber of origin within thirty days of its receipt, and by the reviewer within thirty days. The project will be considered approved if it is not rejected within the indicated deadlines.

The emergency treatment may be requested by the Executive Power even after the project is submitted, or at any stage of its processing. In such cases, the term will begin to run from the receipt of the request.

Each Chamber, by a two-thirds majority, may terminate the urgent procedure at any time, in which case the ordinary procedure shall apply from that moment on.

The Executive Power, within the ordinary legislative period, may request Congress only three bills for urgent treatment, unless the Chamber of origin, by a two-thirds majority, agrees to give said treatment to other bills.

Article 211 - ON THE AUTOMATIC PENALTY

A bill presented in one Chamber or another, and approved by the Chamber of origin in ordinary sessions, will go to the Review Chamber, which must dispatch it within the non-extendable term of three months, after which, and mediating written communication from the President of the Chamber of origin to the reviewing Chamber, it will be considered that it has given its favorable vote, passing to the Executive Power for its promulgation and publication. The indicated term will be interrupted from the twenty-first of December to the first of March. The reviewing Chamber may dispatch the bill in the following ordinary session, provided that it does so within the time remaining for the expiration of the non-extendable period of three months.

Article 212 - OF WITHDRAWAL OR WITHDRAWAL

The Executive Power may withdraw from Congress the bills that it had sent, or desist from them, unless they were approved by the Chamber of origin.

Article 213 - OF PUBLICATION

The law does not oblige except by virtue of its promulgation and publication. If the Executive Power does not fulfill the duty to publish the laws in the terms and in the conditions that this Constitution establishes, the President of the Congress or, failing that, the President of the Chamber of Deputies, will order their publication.

Article 214 - ON THE FORMULAS

The formula to be used in the enactment of the laws is: "The Congress of the Paraguayan Nation sanctions with the force of law." For the promulgation of the same, the formula is: "It is held by law of the Republic, published and inserted in the Official Registry."

Article 215 - ON THE DELEGATED COMMITTEE

Each Chamber, with the vote of the absolute majority, may delegate in committees the treatment of bills, resolutions and declarations. By simple majority, you can withdraw them in any state before the approval, rejection or sanction by the commission.

The General Budget of the Nation, codes, international treaties, draft laws of a tax and military nature, those that are related to the organization of the powers of the State and those that originate in the initiative may not be objects of delegation. popular.

Article 216 - OF THE GENERAL BUDGET OF THE NATION

The draft Law of the General Budget of the Nation will be presented annually by the Executive Power, no later than September 208, and its consideration by Congress will have absolute priority. A bicameral commission will be formed which, upon receipt of the project, will study it and present an opinion to their respective Chambers within a period of no more than sixty calendar days. Once the opinions are received, the Chamber of Deputies will study the project in plenary sessions, and must dispatch it within a period of no more than fifteen calendar days. The Chamber of Senators will have the same term to study the project, with the modifications introduced by the Chamber of Deputies, and if it approves them, it will be sanctioned. Otherwise, the bill will return with the objections to the other Chamber, which will be issued within a period of ten calendar days, exclusively on the dissenting points of the Senate, proceeding in the manner provided in Art. 1, subsection 2., 3. and XNUMX., always within a period of ten calendar days.

All the terms established in this Article are peremptory, and the lack of dispatch of any of the projects will be understood as approval. The Chambers may totally reject the project submitted for their study by the Executive Power, only by an absolute majority of two thirds in each of them.

Article 217 - ON THE VALIDITY OF THE BUDGET

If the Executive Power, for whatever reason, had not submitted to the Legislative Power the draft General Budget of the Nation within the established deadlines, or it was rejected in accordance with the previous Article, the Budget for the current fiscal year will remain in force.

SECTION III
OF THE PERMANENT COMMITTEE OF CONGRESS

Article 218 - OF THE CONFORMATION

Fifteen days before going into recess, each Chamber shall designate by an absolute majority the senators and deputies who, six and twelve as holders and three and six as alternates, respectively, will make up the Permanent Commission of Congress, which will exercise its functions from the beginning of the congress recess period until the resumption of ordinary sessions.

Once the full members of the Permanent Commission have met, they will designate the President and other authorities, and written notice will be given to the other branches of the State.

Article 219 - ON DUTIES AND ATTRIBUTIONS

The duties and attributions of the Permanent Commission of Congress are:

oversee the observance of this Constitution and the laws;
dictate its own regulations;
to summon the Chambers to preparatory sessions, in order that the annual opening of the congress takes place in a timely manner;
summon and organize the extraordinary sessions of both Chambers, in accordance with the provisions of this constitution;
authorize the President of the Republic, during the recess of Congress, to temporarily leave the national territory, in the cases provided for in this Constitution, and
the other duties and attributions established by this Constitution.

Article 220 - ON THE FINAL REPORTS

The Permanent Commission of Congress, at the end of its performance, will provide each Chamber with a final report on the same, and will be responsible to them for the measures it has adopted or authorized.

SECTION IV
OF THE CHAMBER OF DEPUTIES

Article 221 - OF THE COMPOSITION

The Chamber of Deputies is the Chamber of departmental representation. It will be made up of at least eighty full members, and an equal number of alternates, elected directly by the people in departmental electoral colleges. The city of Asunción will constitute an Electoral College with representation in said Chamber. The departments will be represented by a titular deputy and an alternate, at least; The Superior Court of Electoral Justice, before each election and in accordance with the number of voters in each department, will establish the number of seats corresponding to each one of them. The law may increase the number of deputies in accordance with the increase in voters.

Natural Paraguayan nationality and having completed twenty-five years of age are required to be elected titular or substitute deputy.

Article 222 - ON THE EXCLUSIVE ATTRIBUTIONS OF THE CHAMBER OF DEPUTIES

The exclusive attributions of the Chamber of Deputies are:

initiate the consideration of bills related to departmental and municipal legislation;
appoint or propose magistrates and officials, in accordance with the provisions of this constitution and the law;
provide agreement for the intervention of departmental and municipal governments, and
the other exclusive attributions established by this Constitution.

SECTION V
OF THE HOUSE OF SENATORS

Article 223 - OF THE COMPOSITION

The Chamber of Senators shall be composed of at least forty-five full members, and thirty alternates, elected directly by the people in a single national constituency. The law may increase the number of senators, in accordance with the increase in voters.

To be elected as a titular or substitute senator, natural Paraguayan nationality and having completed thirty-five years are required.

Article 224 - ON THE EXCLUSIVE ATTRIBUTIONS OF THE CHAMBER OF SENATORS

The exclusive powers of the Senate are:

to initiate the consideration of bills related to the approval of treaties and international agreements;
provide an agreement for military promotions and those of the National Police, from the rank of Colonel of the Army or its equivalent in other arms and services, and from that of Chief Commissioner for the National Police;
agree to the appointment of ambassadors and plenipotentiary ministers abroad;
appoint or propose Magistrates and officials in accordance with what is established in this constitution;
authorize the dispatch of permanent Paraguayan military forces abroad, as well as the entry of foreign military troops into the country;
agree to the appointment of the President and the directors of the Central Bank of the State;
agree to the appointment of the Paraguayan directors of the binational entities, and
the other exclusive attributions established by this Constitution.

SECTION VI
OF THE POLITICAL TRIAL

Article 225 - ON THE PROCEDURE

The President of the Republic, the Vice President, the ministers of the Executive Power, the ministers of the Supreme Court of Justice, the State Attorney General, the Ombudsman, the Comptroller General of the Republic, the Sub-Comptroller and the members of the Superior Court Electoral Justice, they may only be subjected to impeachment for poor performance of their duties, for crimes committed in the exercise of their positions or for common crimes.

The accusation will be made by the Chamber of Deputies, by a two-thirds majority. It will be the responsibility of the Senate, by an absolute majority of two thirds, to judge the accused by the Chamber of Deputies in a public trial and, if applicable, to declare them guilty, for the sole purpose of separating them from their positions, In cases of alleged commission of crimes, the antecedents will be passed to the ordinary justice.

CHAPTER II
OF THE EXECUTIVE BRANCH

SECTION I
FROM THE PRESIDENT OF THE REPUBLIC AND THE VICE PRESIDENT

Article 226 - ON THE EXERCISE OF THE EXECUTIVE POWER

The Executive Power is exercised by the President of the Republic.

Article 227 - OF THE VICE-PRESIDENT

There will be a Vice-President of the Republic who, in the event of impediment or temporary absence of the President or permanent vacancy of said position, will immediately substitute him, with all his powers.

Article 228 - ON THE REQUIREMENTS

To be President of the Republic or Vice President it is required:

have natural Paraguayan nationality;
have reached thirty-five years of age, and
be in full exercise of their civil and political rights.

Article 229 - ON THE DURATION OF THE TERM OF OFFICE

The President of the Republic and the Vice President will last five non-extendable years in the exercise of their functions, starting on the XNUMXth of August following the elections. They can not be reelected in any case. The Vice President may only be elected President for the subsequent period, if he / she had resigned six months before the general elections. Whoever has held the presidency for more than twelve months may not be elected Vice President of the Republic.

Article 230 - ON THE PRESIDENTIAL ELECTIONS

The President of the Republic and the Vice President shall be elected jointly and directly by the people, by a simple majority of votes, in general elections to be held between ninety and one hundred and twenty days before the expiration of the current constitutional period.

Article 231 - ON THE ASSUMPTION OF POSITIONS

In the event that, on the date on which the President of the Republic and the Vice President are to assume their functions, they have not been proclaimed in the manner provided by this Constitution, or the elections are annulled, the terminated President shall hand over the command to the President of the Supreme Court of Justice, who will exercise it until the transmission is made, being suspended in its judicial functions.

Article 232 - THE TAKING OF POSSESSION

The President of the Republic and the Vice President shall take office before Congress, taking the oath or promise to fulfill their constitutional functions with fidelity and patriotism. If on the appointed day the congress does not reach the quorum to meet, the ceremony will be held before the Supreme Court of Justice.

Article 233 - ABOUT ABSENCES

The President of the Republic, or whoever is replacing him in office, may not leave the country without giving prior notice to Congress and the Supreme Court of Justice. If the absence has to be for more than five days, the authorization of the Chamber of Senators will be required. During the recess of the Chambers, authorization will be granted by the Permanent Commission of Congress.

In no case, the President of the Republic and the Vice President may be simultaneously absent from the national territory.

Article 234 - OF THE ACEFALIA

In the event of impediment or absence of the President of the Republic, the Vice President shall replace him, and in his absence and successively, the President of the Senate, the President of the Chamber of Deputies and the President of the Supreme Court of Justice.

The elected Vice President will assume the presidency of the Republic if it becomes vacant before or after the proclamation of the President, and will exercise it until the end of the constitutional period.

If the definitive vacancy of the Vice Presidency occurs during the first three years of the constitutional period, elections will be called to cover it. If it takes place during the last two years, the Congress, by an absolute majority of its members, will designate who should carry out the position for the rest of the period.

Article 235 - INABILITIES

They are unskilled to be candidates for President of the Republic or Vice President:

The ministers of the Executive Power, the vice ministers or undersecretaries and officials of equivalent rank, the general directors of public departments and the presidents of councils, directors, managers or general administrators of decentralized, autarkic, autonomous, binational or multinational entities, and the of companies with majority state participation;
judicial magistrates and members of the Public Ministry;
the Ombudsman, the Comptroller General of the Republic and the Sub-Comptroller, the Attorney General of the Republic, the members of the Council of the Magistracy and the members of the Superior Court of Electoral Justice;
the representatives or agents of companies, corporations or national or foreign entities that are concessionaires of state services, or of execution of works or provision of goods to the State;
the ministers of any religion or cult;
municipal mayors and governors;
the members in active service of the Armed Forces of the Nation and those of the National Police, unless they had retired at least one year before the day of the general elections;
the owners or co-owners of the media, and
the spouse or relatives within the fourth degree of consanguinity, or second degree of affinity, of whoever is in office at the time of the election, or who has held it for any time in the year prior to the election.

In the cases provided for in sections 1., 2., 3. and 6., those affected must have resigned and ceased to exercise their respective positions, at least six months before the day of the elections, except in cases of permanent vacancy of the Vice Presidency.

Article 236 - ON THE INABILITY FOR ATTEMPTING AGAINST THE CONSTITUTION

The military leaders or civil leaders of a coup d'état, armed revolution or similar movements that violate the order established by this Constitution, and that consequently assume the Executive Power or military command of general officers, are disqualified from the exercise of any public office for two consecutive constitutional periods, without prejudice to their respective civil and criminal responsibilities.

Article 237 - ON INCOMPATIBILITIES

The President of the Republic and the Vice President may not hold public or private positions, paid or not, while they last in office. Nor can they exercise trade, industry or any professional activity, having to dedicate themselves exclusively to their functions.

Article 238 - ON THE DUTIES AND ATTRIBUTIONS OF THE PRESIDENT OF THE REPUBLIC

The duties and powers of the person who exercises the presidency of the Republic are:

represent the State and direct the general administration of the country;
comply with and enforce this Constitution and the laws;
participate in the formation of laws, in accordance with this Constitution, promulgate them and have them published, regulate them and control their compliance;
veto, totally or partially, the laws passed by Congress, formulating the observations or objections that it deems appropriate;
issue decrees that, for their validity, require the endorsement of the Minister of the branch;
appoint and remove by themselves the ministers of the Executive Power, the Attorney General of the Republic and the officials of the Public Administration, whose appointment and permanence in office are not otherwise regulated by this Constitution or by law;
the management of the foreign relations of the Republic. In the event of external aggression, and with prior authorization from Congress, declare the State of National Defense or conclude peace; negotiate and sign international treaties; receive the heads of diplomatic missions from foreign countries and admit their consuls and appoint ambassadors, with the agreement of the Senate;
give an account to Congress, at the beginning of each annual session, of the efforts made by the Executive Power, as well as report on the general situation of the Republic and plans for the future;
He is Commander-in-Chief of the Armed Forces of the Nation, a position that is not delegated. In accordance with the law, it dictates military regulations, disposes of the Armed Forces, organizes and distributes. By itself, appoint and remove the commanders of the Public Force. Adopt the necessary measures for national defense. It provides, by itself, the degrees in all arms, up to that of lieutenant colonel or its equivalents and, with the agreement of the Senate, the higher degrees;
pardon or commute the penalties imposed by the judges and courts of the Republic, in accordance with the law, and with the report of the Supreme Court of Justice;
to convene extraordinary sessions of Congress, either of the Chambers or both at the same time, the latter having to deal with only those matters submitted to their respective consideration;
propose bills to Congress, which may be presented with a request for urgent consideration, under the terms established in this Constitution;
order the collection and investment of the routes of the Republic, in accordance with the General Budget of the Nation and with the laws, rendering an annual account to Congress of its execution;
prepare and present for the consideration of the Chambers the annual draft of the General Budget of the Nation;
enforce the provisions of the authorities created by this Constitution, and
the other duties and attributions established by this Constitution.

Article 239 - ON THE DUTIES AND ATTRIBUTIONS OF THE VICE PRESIDENT OF THE REPUBLIC

The duties and powers of the person who exercises the Vice Presidency of the Republic are:

immediately replace the President of the Republic, in the cases provided for by this Constitution;
represent the President of the Republic nationally and internationally, by appointment of the same, with all the prerogatives that correspond to him, and
participate in the deliberations of the Council of Ministers and coordinate relations between the executive and legislative branches.

SECTION II
OF THE MINISTERS AND THE COUNCIL OF MINISTERS

Article 240 - ON THE FUNCTIONS

The direction and management of public affairs are entrusted to the ministers of the Executive Power, whose number and functions will be determined by law. In case of temporary absence of one of them, one of the vice-ministers of the branch will replace him.

Article 241 - OF THE REQUIREMENTS, OF THE INCOMPATIBILITIES AND OF THE IMMUNITIES

To be a Minister, the same requirements are required as for the post of Deputy. They also have the same incompatibilities as those established for the President of the Republic, except for the exercise of teaching. They cannot be deprived of their liberty, except in the cases provided for members of Congress.

Article 242 - ON THE DUTIES AND ATTRIBUTIONS OF THE MINISTERS

The ministers are the heads of the administration of their respective portfolios, in which, under the direction of the President of the Republic, they promote and execute the policy related to the matters within their competence.

They are jointly and severally liable for the acts of government they endorse.

Annually, they will present to the President of the Republic a report of their efforts, which will be made known to Congress.

Article 243 - ON THE DUTIES AND ATTRIBUTIONS OF THE COUNCIL OF MINISTERS

Summoned by the President of the Republic, the Ministers meet in Council in order to coordinate executive tasks, promote government policy and adopt collective decisions:

This Council is responsible for:

deliberate on all matters of public interest that the President of the Republic submits for his consideration, acting as a consultative body, as well as considering initiatives in legislative matters, and
order the periodic publication of its resolutions.

SECTION III
OF THE ATTORNEY GENERAL OF THE REPUBLIC

Article 244 - OF THE COMPOSITION

The Office of the Attorney General of the Republic is in charge of a Attorney General and other officials determined by law.

Article 245 - ON THE REQUIREMENTS, AND THE APPOINTMENT

The Attorney General of the Republic must meet the same requirements to be the Attorney General of the State. He is appointed and removed by the President of the Republic. The incompatibilities will be established in the law.

Article 246 - ON DUTIES AND ATTRIBUTIONS

The duties and powers of the Attorney General of the Republic are:

represent and defend, judicially or extrajudicially, the patrimonial interests of the Republic;
to rule in the cases and with the effects indicated in the laws;
Legally advise the Public Administration in the manner determined by law, and
the other duties and attributions established by law.

CHAPTER III
OF THE JUDICIARY

SECTION I
OF THE GENERAL PROVISIONS

Article 247 - ON THE FUNCTION AND COMPOSITION

The Judicial Power is the custodian of this Constitution. The interposed, complies and enforces it.

The administration of justice is in charge of the Judicial Power, exercised by the Supreme Court of Justice, by the courts and by the courts, in the manner established by this Constitution and the law.

Article 248 - ON THE INDEPENDENCE OF THE JUDICIARY

The independence of the Judiciary is guaranteed. Only the latter can hear and decide on acts of a contentious nature.

In no case may members of the other powers, or other officials, assume judicial powers that are not expressly established in this Constitution, or revive dead processes, or paralyze existing ones, or intervene in any way in trials. Acts of this nature entail insurmountable nullity. All this without prejudice to arbitration decisions in the field of private law, with the modalities that the law determines to ensure the right of defense and equitable solutions.

Those who attempt against the independence of the Judicial Power and that of its magistrates will be disqualified from exercising any public function for five consecutive years, in addition to the penalties established by law.

Article 249 - ON THE BUDGETARY AUTARCHY

The Judicial Power enjoys budgetary autonomy. In the General Budget of the Nation, an amount not less than three percent of the budget of the Central Administration will be assigned.

The budget of the Judicial Power will be approved by Congress, and the Office of the Comptroller General of the Republic will verify all its expenses and investments.

Article 250 - ON THE OATH OR PROMISE

The ministers of the Supreme Court of Justice shall take an oath or promise before Congress, upon assuming their positions. The members of the other courts and of the courts will do so before the Supreme Court of Justice.

Article 251 - ON THE APPOINTMENT

The members of the courts and tribunals of the entire Republic will be appointed by the Supreme Court of Justice, at the proposal of the Council of the Magistracy in short.

Article 252 - ON THE IMMOBILITY OF THE MAGISTRATES

The magistrates are immovable in terms of office, headquarters or grade, during the term for which they were appointed. They cannot be transferred or promoted without your prior and express consent. They are appointed for periods of five years, starting from their appointment.

Magistrates who have been confirmed for two periods following their election, acquire tenure in office up to the age limit established for members of the Supreme Court of Justice.

Article 253 - ON THE PROSECUTION AND REMOVAL OF THE JUDGES

Judicial magistrates may only be prosecuted and removed for the commission of crimes, or poor performance of their functions defined in the law, by decision of a judges' trial jury. This will be made up of two ministers of the Supreme Court of Justice, two members of the Council of the Magistracy, two senators and two deputies; these last four must be lawyers. The law will regulate the operation of the Jury for the prosecution of magistrates.

Article 254 - ON INCOMPATIBILITIES

The magistrates cannot exercise, while they last in their functions, another public or private position, paid or not, except for teaching or scientific research, part-time. Nor can they exercise trade, industry or any professional or political activity, not hold positions in official or private organizations, parties, associations or political movements.

Article 255 - IMMUNITIES

No judicial magistrate may be accused or judicially questioned for the opinions issued in the exercise of his functions. He may not be detained or arrested except in the case of a flagrant crime that merits corporal punishment. If this happens, the intervening authority must take him into custody at his residence, immediately report the fact to the Supreme Court of Justice, and forward the information to the competent judge.

Article 256 - ON THE FORM OF TRIALS

Trials may be oral and public, in the manner and to the extent that the law determines.

Every judicial sentence must be based on this Constitution and on the law. Criticism of failures is free.

The labor process will be total and will be based on the principles of immediacy, economy and concentration.

Article 257 - ON THE OBLIGATION TO COLLABORATE WITH THE JUSTICE

The organs of the State are subordinate to the dictates of the law, and the persons who perform functions at the service of the State are obliged to provide the administration of justice with all the cooperation that it requires for the fulfillment of its mandates.

SECTION II
OF THE SUPREME COURT OF JUSTICE

Article 258 - ON THE INTEGRATION AND THE REQUIREMENTS

The Supreme Court of Justice will be made up of nine members. They will be organized into chambers, one of which will be constitutional, and will elect its President from among its members each year. Its members will bear the title of Minister.

Their requirements to integrate the Supreme Court of Justice, have natural Paraguayan nationality, have reached thirty-five years of age, have a university degree of Doctor of Law and enjoy notorious honor. In addition, having effectively exercised during the term of ten years, at least, the profession, the judicial magistracy or the university chair in legal matters, jointly, separately or successively.

Article 259 - ON DUTIES AND ATTRIBUTIONS

The duties and powers of the Supreme Court of Justice are:

exercise the superintendence of all the agencies of the Judicial Power and decide, in a single instance, conflicts of jurisdiction and competence, in accordance with the law;
dictate its own internal regulations. Present annually, a report on the efforts made, the State, and the needs of the national justice to the Executive and Legislative Powers;
know and resolve in the ordinary resources that the law determines;
to know and resolve, in original instance, habeas corpus, without prejudice to the competence of other judges or courts;
know and resolve on unconstitutionality;
know and resolve in the appeal, in the form and measure established by law;
suspend preventively by itself or at the request of the Jury for the Prosecution of Magistrates by an absolute majority of votes of its members, in the exercise of their functions, to judicial magistrates on trial, until a final resolution is issued in the case;
supervise the detention and detention institutes;
understand in the competencies disputes between the Executive Power and the departmental governments and between them and the municipalities, and
the other duties and powers established by this Constitution and the laws.

Article 260 - ON THE DUTIES AND ATTRIBUTIONS OF THE CONSTITUTIONAL CHAMBER

The duties and powers of the Constitutional Chamber are:

know and decide on the unconstitutionality of the laws and other normative instruments, declaring the inapplicability of the provisions contrary to this Constitution in each specific case, and in a ruling that will only have effect in relation to this case, and
decide on the unconstitutionality of the final or interlocutory judgments, declaring the nullity of those that are contrary to this Constitution.

The procedure may be initiated by action before the Constitutional Chamber of the Supreme Court of Justice, and by way of exception in any instance, in which case the antecedents will be raised to the Court.

Article 261 - OF THE REMOVAL AND CESSATION OF THE MINISTERS OF THE SUPREME COURT OF JUSTICE

The ministers of the Supreme Court of Justice may only be removed by impeachment. They shall cease in office at the age of seventy-five.

SECTION III
OF THE COUNCIL OF THE MAGISTRATURE

Article 262 - OF THE COMPOSITION

The Council of the Magistracy is composed of:

a member of the Supreme Court of Justice, appointed by it;
a representative of the Executive Power;
a Senator and a Deputy, both nominated by their respective Chamber;
two lawyers of the registry, appointed by their peers in direct election;
a professor from the Faculties of Law of the National University, chosen by his peers, and
a professor from the Faculties of Law with no less than twenty years of operation, from the private Universities, chosen by his peers.

The law will regulate the pertinent election systems.

Article 263 - ON THE REQUIREMENTS AND THE DURATION

The members of the Council of the judiciary must meet the following requirements:

Be of Paraguayan nationality, have reached thirty-five years of age, have a university degree in law, and, during a term of at least ten years, have actually exercised the profession, or performed functions in the judicial magistracy, or exercised the university chair in matters legally, jointly, separately or alternatively.

They will last years in their functions and will enjoy the same immunities as the Ministers of the Supreme Court of Justice. They will have the incompatibilities established by law.

Article 264 - ON DUTIES AND ATTRIBUTIONS

The duties and attributions of the Council of the Magistracy are:

propose the shortlist of candidates to integrate the Supreme Court of Justice, previous selection based on suitability, with consideration of merits and aptitudes, and submit them to the Senate for appointment, with the agreement of the Executive Power;
propose in shortlist to the Supreme Court of Justice, with the same selection and examination criteria, the names of candidates for the positions of members of the lower courts, those of judges and those of fiscal agents;
make your own rules, and
the other duties and powers established by this Constitution and the laws.

Article 265 - THE COURT OF AUDITORS AND OTHER JUDGES AND ASSISTANT BODIES

The court of accounts is established. The law will determine its composition and its competence.

The structure and functions of the other judicial magistrates and auxiliary bodies, as well as those of the judicial school, will be determined by law.

SECTION IV
OF THE PUBLIC MINISTRY

Article 266 - ON THE COMPOSITION AND THE FUNCTIONS

The Public Ministry represents society before the jurisdictional bodies of the State, enjoying functional and administrative autonomy in the fulfillment of its duties and powers. It is exercised by the Attorney General of the State and the fiscal agents, in the manner determined by law.

Article 267 - ON THE REQUIREMENTS

To be the Attorney General of the State, it is necessary to have Paraguayan nationality; have completed thirty-five years, have a university degree in law, have actually exercised the profession or functions or the judicial magistracy or the university chair in legal matters for at least five years, jointly, separately or successively. It has the same incompatibilities and immunities as those established for magistrates of the Judicial Power.

Article 268 - ON DUTIES AND ATTRIBUTIONS

The duties and powers of the Public Ministry are:

ensure respect for constitutional rights and guarantees;
promote public criminal action to defend public and social heritage, the environment and other diffuse interests, as well as the rights of indigenous peoples;
take criminal action in cases in which, to initiate or continue it, no instance of a party is necessary, without prejudice to the fact that the judge or court proceeds ex officio, when determined by law;
collect information from public officials for the best performance of their functions, and
the other duties and attributions established by law.

Article 269 - OF THE ELECTION AND DURATION

The State Attorney General has tenure. He lasts five years in office and can be reelected. He is appointed by the Executive Power, with the agreement of the Senate, at the proposal of the Council of the Magistracy.

Article 270 - OF THE TAX AGENTS

Fiscal agents are appointed, in the same way that this Constitution establishes for judges. They last in their functions and are removed with the same procedures. In addition, they have the same incompatibilities and immunities as those determined for the members of the Judicial Power.

Article 271 - ON POSSESSION OF OFFICES

The State Attorney General takes an oath or promise before the Senate, while the fiscal agents take it before the Supreme Court of Justice.

Article 272 - ON THE JUDICIAL POLICE

The law may create a Judicial Police, dependent on the Judicial Power, in order to collaborate directly with the Public Ministry.

SECTION V
ELECTORAL JUSTICE

Article 273 - ON COMPETITION

The summons, the judging, the organization, the direction, the supervision and the vigilance of the acts and the questions derived from the general, departmental and municipal elections, as well as the rights and titles of those who are elected, correspond exclusively to the Electoral Justice.

Without also of its competence the questions originating from all kinds of popular consultation, as well as those related to elections and the functioning of parties and political movements.

Article 274 - ON THE INTEGRATION

The Electoral Justice is made up of a Superior Court of Electoral Justice, by the courts, by the courts, by the prosecutor's offices and by the other organisms to be defined in the law, which will determine its organization and functions.

Article 275 - THE SUPERIOR COURT OF ELECTORAL JUSTICE

The Superior Court of Electoral Justice will be composed of three members, who will be elected and removed in the manner established for the ministers of the Supreme Court of Justice.

The members of the Superior Court of Electoral Justice must meet the following requirements: be of Paraguayan nationality, have reached thirty-five years of age, have a university degree in law, and, during the term of ten years, at least, have actually practiced the profession, or performed functions in the judicial magistracy, or exercised the university chair in legal matters, jointly, separately or alternatively.

The law will determine in which cases its resolutions will be appealable before the Supreme Court of Justice, which will resolve it in a summary procedure.

CHAPTER IV
FROM OTHER STATE BODIES

SECTION I
OF THE OMBUDSMAN

Article 276 - OF THE OMBUDSMAN

The Ombudsman is a parliamentary commissioner whose functions are the defense of human rights, the channeling of popular claims and the profession of community interests. In no case will it have judicial function or executive competence.

Article 277 - OF AUTONOMY, APPOINTMENT AND REMOVAL

The Ombudsman will enjoy autonomy and immobility. He is appointed by a two-thirds majority of the Chamber of Deputies, from a shortlist proposed by the Senate, and will last five years in his functions, coinciding with the term of Congress. He may be reelected. In addition, he may be removed for poor performance of his duties, with the impeachment procedure established in this Constitution.

Article 278 - OF THE REQUIREMENTS, OF THE INCOMPATIBILITIES AND OF THE IMMUNITIES

The Ombudsman must meet the same requirements for the Deputies, and have the same incompatibilities and immunities as those of the judicial magistrates. During his mandate he may not be part of any state power or exercise any political party activity.

Article 279 - ON DUTIES AND ATTRIBUTIONS

The duties and powers of the Ombudsman are:

receive and investigate complaints, complaints and claims against violations of human rights and other facts established by this Constitution and the law.
require from the authorities at its various levels, including those of the police and security bodies in general, information for the best performance of their functions, without any reservation being allowed. You can access the sites where the commission of such acts is reported. It is also his competence to act ex officio;
issue public censure for acts or behavior contrary to human rights;
report annually on their efforts to the Chambers of Congress;
prepare and disseminate reports on the human rights situation that, in their opinion, require prompt public attention, and
the other duties and attributions established by law.

Article 280 - REGULATION OF ITS FUNCTIONS

The functions of the Ombudsman will be regulated by law in order to ensure their effectiveness, and departmental or municipal defenders may be appointed.

SECTION II
OF THE COMPTROLLER GENERAL OF THE REPUBLIC

Article 281 - OF THE NATURE, OF THE COMPOSITION AND OF THE DURATION

The Office of the Comptroller General of the Republic is the control body for the economic and financial activities of the State, the departments and the municipalities, in the manner determined by this Constitution and by law. It will enjoy functional and administrative autonomy.

It is made up of a Comptroller and a Sub-Comptroller, who must be of Paraguayan nationality, thirty years of age, graduated in Law or in Economic, Administrative or Accounting Sciences. Each one of them will be appointed by the Chamber of Deputies, by an absolute majority, from a list of three candidates proposed by the Chamber of Senators, with the same majority.

They will last five years in their functions, which will not coincide with those of the presidential mandate. They may be confirmed in office only for one more period, subject to the same procedures. During such period they will enjoy immobility, not being able to be removed except for the commission of crimes or for poor performance of their functions.

Article 282 - OF THE REPORT AND OF THE OPINION

The President of the Republic, in his capacity as head of the State administration, will send to the Comptroller the liquidation of the budget for the previous year, within four months of the following. In the four subsequent months, the Comptroller's Office must submit a report and opinion to Congress, for each of the Chambers to consider.

Article 283 - ON DUTIES AND ATTRIBUTIONS

The duties and powers of the Comptroller General of the Republic are:

the control, surveillance and inspection of public assets and State assets, those of regional or departmental entities, those of the municipalities, those of the Central Bank and those of other State or mixed banks, those of state entities autonomous, autarkic or decentralized, as well as those of state or mixed companies;
control of the execution and settlement of the General Budget of the Nation;
control of the execution and liquidation of the budgets of all the departments mentioned in item 1, as well as the examination of their accounts, funds and inventories;
the supervision of the national accounts of multinational companies or entities, in whose capital the State participates directly or indirectly, under the terms of the respective treaties;
the requirement of reports on fiscal and patrimonial management to any person or public, mixed or private entity that administers funds, public services or State assets, to regional or departmental entities and to municipalities, all of which must make available to them the documentation and proofs required for the best performance of their functions;
the receipt of sworn statements of assets of public officials, as well as the formation of a register of the same and the production of opinions on the correspondence between such statements, given when assuming the respective positions, and those that the aforementioned officials formulate to the cease in them.
the complaint to the ordinary justice and to the Executive Power of all crimes being jointly and severally liable, by omission or deviation, with the bodies subject to their control, when they act with deficiency or negligence, and
the other duties and powers established by this Constitution and the laws.

Article 284 - OF THE IMMUNITIES, OF THE INCOMPATIBILITIES AND OF THE REMOVAL

The Comptroller and the Sub-Comptroller shall have the same immunities and incompatibilities prescribed for judicial magistrates. Regarding his removal, the procedure established for impeachment will be followed.

SECTION III
OF THE CENTRAL BANK OF THE STATE

Article 285 - OF THE NATURE, OF THE DUTIES AND OF THE ATTRIBUTIONS

A Central Bank of the State is established, as technical organizations. She has the exclusivity of the monetary issue, and in accordance with the objectives of the economic policy of the National Government, participates with the other technical agencies of the State, in the formulation of monetary, credit and exchange policies, being responsible for their execution and development. , and preserving monetary stability.

Article 286 - ABOUT THE PROHIBITIONS

The Central Bank of the State is prohibited from:

agree credits, directly or indirectly, to finance public spending outside the budget, except:
1. the short-term advances of the fiscal resources budgeted for the respective year, and
2. in case of national emergency, with a founded resolution of the Executive Power and agreement of the Senate.
adopt any agreement that establishes, directly or indirectly, different or discriminatory standards or requirements relating to persons, institutions or entities that carry out operations of the same nature, and
operate with persons or entities not integrated into the national monetary or financial system, except for international organizations.

Article 287 - ON THE ORGANIZATION AND OPERATION

The law shall regulate the organization and operation of the Central Bank of the State, within the limitations provided in this Constitution.

The Central Bank of the State will render accounts to the Executive Power and to the National Congress on the execution of the policies under its charge.

TITLE III
STATE OF EXCEPTION

Article 288 - OF THE DECLARATION, OF THE CAUSES, OF THE VALIDITY AND OF THE DEADLINES

In the event of an international armed conflict, formally declared or not, or of serious internal commotion that puts in imminent danger the rule of this Constitution or the regular functioning of the organs created by it, the Congress or the Executive Power may declare a State of Exception in all or part of the national territory, for a maximum term of sixty days. In the event that said declaration was made by the executive branch, the measure must be approved or rejected by Congress within a period of forty-eight hours.

Said term of sixty days may be extended for periods of up to thirty successive days, for which an absolute majority of both Chambers will be required.

During the parliamentary recess, the Executive Power may decree, only once, the State of Exception for a period of no more than thirty days, but must submit it within eight days to the approval or rejection of Congress, which will be convened in full. right to extraordinary session, solely for this purpose.

The decree or law that declares the State of Exception will contain the reasons and facts that are invoked for its adoption, the time of its validity and the affected territory, as well as the rights that it restricts.

During the validity of the State of Exception, the Executive Power may only order, by decree and in each case, the following measures: the arrest of the persons accused of participating in some of these events, their transfer from one point to another in the Republic , as well as the prohibition or restriction of public meetings and demonstrations.

In all cases, the indicted persons will have the option of leaving the country.

The Executive Power shall immediately inform the Supreme Court of Justice about those detained under the State of Exception and about the place of their detention or transfer, in order to make a judicial inspection possible.

Those detained by reason of the State of Exception will remain in healthy and clean premises, not intended for common prisoners, or will be held in their own residence. The transfers will always be made to populated and healthy places.

The State of Exception shall not interrupt the operation of the powers of the State, the validity of this Constitution or, specifically, habeas corpus.

Congress, by an absolute majority of votes, may order at any time the lifting of the State of Exception, if it considers that the causes for its declaration have ceased.

Once the State of Exception ends, the Executive Power will inform Congress, within a period of no more than five days, on what has been done during the term of that state.

TITLE IV
OF THE REFORM AND AMENDMENT OF THE CONSTITUTION

Article 289 - OF THE REFORM

The reform of this Constitution will only proceed after ten years from its promulgation.

Twenty-five percent of the legislators of any of the Chambers of Congress, the President of the Republic, or thirty thousand electors, may request the reform, in a signed petition.

The declaration of the need for reform will only be approved by an absolute majority of two thirds of the members of each House of Congress.

Once the need for the reform has been decided, the Superior Court of Electoral Justice will call elections within a period of one hundred and eighty days, in general elections that do not coincide with any other.

The number of members of the National Constituent Convention may not exceed the total number of members of Congress. Their eligibility conditions, as well as the determination of their incompatibilities, will be established by law.

Conventionals will have the same immunities established for members of Congress.

Once the new Constitution is sanctioned by the National Constituent Convention, it will be promulgated by right.

Article 290 - OF THE AMENDMENT

Three years after the enactment of this Constitution, amendments may be made at the initiative of a quarter of the legislators of any of the Chambers of Congress, the President of the Republic or thirty thousand electors, in a signed petition.

The full text of the amendment must be approved by an absolute majority in the Chamber of origin. Once it is approved, the same treatment will be required in the Review Chamber. If the majority required for its approval does not meet in any of the Chambers, the amendment will be considered rejected, and it may not be presented again within the term of one year.

Once the amendment is approved by both Houses of Congress, the text will be sent to the Superior Court of Electoral Justice so that, within a period of one hundred and eighty days, a referendum is called. If the result of this is affirmative, the amendment will be sanctioned and promulgated, being incorporated into the institutional text.

If the amendment is repealing, another on the same subject may not be promoted before three years.

The procedure indicated for the amendment will not be used, but rather that of the reform, for those provisions that affect the mode of election, the composition, the duration of mandates, the attributions of any of the powers of the State, or the provisions of the Chapters I, II, III and IV of Title II, of Part I.

Article 291 - ON THE POWER OF THE CONSTITUENT NATIONAL CONVENTION

The National Constituent Convention is independent of the constituted powers. It will be limited, during the time that its deliberations last, to its reform work, to the exclusion of any other task. The attributions of the powers of the State will not be assumed, it will not be able to replace those who are in exercise of them, nor to shorten or extend its mandate.

TITLE V
OF THE FINAL AND TRANSITORY PROVISIONS

Article 1.- This Constitution comes into effect from the date. Its promulgation takes place by right at the twenty-fourth hour of the same.

The process of elaboration of this Constitution, its approval, its promulgation and the provisions that comprise it, are not subject to judicial review, nor to any modification, except as provided for its reform or amendment.

The Constitution of August 25, 1967 and its amendment of the year 1977 are repealed; without prejudice to what is provided in this title.

Article 2.- The President of the Republic, the President of Congress and the President of the Supreme Court of Justice shall take an oath or promise to comply with and enforce this Constitution, before the National Constituent Convention on June 1992, XNUMX.

Article 3.- The President of the Republic, the Senators, and the Deputies will continue in their respective functions until the new national authorities assume that they will be elected in the general elections to be held in 1993. Their duties and powers will be those established by this Constitution, both for the President. of the Republic as for the Congress, which may not be dissolved. Until the senators and deputies who are elected in the 1993 general elections take office, the process of formation and enactment of the laws will be governed by the provisions of articles 154/167 of the 1967 Constitution.

Article 4.- The next election to appoint President of the Republic, Vice President, Senators and Deputies, Governors and members of the Departmental Boards will be held simultaneously on the date determined by the Electoral Tribunal of the Capital, which must be set for the period between 15 April and May 15, 1993. These authorities will assume their functions on August 15, 1993, with the exception of the members of Congress who will do so on July 1 of the same year.

Article 5.- The other magistrates and functionaries will continue in their positions until the completion of the period that the 1967 Constitution has determined for each of them and if, at that time, their successors have not yet been appointed, they will continue in office temporarily until their replacement occurs.

They may be replaced by other officials and magistrates who will be appointed on an interim basis and in accordance with the mechanisms established by the 1967 Constitution. The officials and magistrates thus appointed will last in their positions until such time as their substitutes are appointed in accordance with the mechanisms. determined by this Constitution.

The Comptroller General and the Sub-Comptroller will also continue in office, until the functions determined by article 281 of this Constitution are appointed.

Article 6.- Until the general elections are held in 1993 to elect the President of the Republic, Vice President, Senators, Deputies, Governors and members of the Departmental Boards, the same electoral bodies will continue to function; Central Electoral Board, Sectional Electoral Board and Electoral Courts, which will be governed by the electoral code in everything that does not contradict this Constitution.

Article 7.- The appointment of officials and magistrates who require the intervention of Congress or any of its Chambers or for positions of institutions created by this Constitution or with a different integration than that established in 1967, may not be made until after the assumption of the national authorities that They will be elected in 1993, with the exception of the provisions of Article 9 of this title.

Article 8.- The Judicial Magistrates who are confirmed from the ordinary mechanisms established in this Constitution acquire the permanent immobility referred to in the 2nd. Paragraph of Art. 252. "On the immobility of magistrates", as of the second confirmation.

Article 9.- The members of the Jury for the Prosecution of Magistrates will be appointed at the proposal of the respective powers within sixty days of promulgation of this Constitution. Until the Council of the Magistracy is integrated, the representatives who respond to that body will be covered by a professor from each law school, at the proposal of their respective Board of Directors. This jury will be conferred the knowledge and the judgment of all the currently existing complaints before the Supreme Court of Justice. Until the respective Law is enacted, Law 879/81, Code of Judicial Organization, shall govern as pertinent.

The duration in their respective positions of the members of the Jury for the Prosecution of Magistrates who are appointed by virtue of the provisions of this Article, shall be established by law.

Article 10.- Until the Attorney General is appointed, current officials who work in the respective area are invested with the powers determined by Article 246.

Article 11.- Until a Departmental Organic Law is issued, the Governors and Departmental Boards will be made up of a minimum of seven members and a maximum of twenty-one members. The Electoral Court of Asunción will establish the number of members of the Departmental Boards, taking into account the electoral density of the departments.

Article 12.- The current Headquarters of the Government Delegations will become the property of the departmental governments with full right and free of charge.

Article 13.- If as of October 1, 1992, the Departments of Chaco and Nueva Asunción are still not electorally organized, the two Deputies corresponding to these Departments, they will be elected in the electoral colleges of the Departments of Presidente Hayes, Boquero and Alto Paraguay, in accordance with the electoral flow of these.

Article 14.- The investiture of Senator for Life reaches the citizen who exercises the Presidency of the Republic on the date of approval of this Constitution, without benefiting any previous one.

Article 15.- Until a new National Constituent Convention meets, those who participated in it will enjoy the treatment of "Convention Citizen."

Article 16.- The goods acquired by the Convention or donated to it that are part of its patrimony will be transferred free of charge to the Legislative Power.

Article 17.- The deposit and conservation of all the documentation produced by the National Constituent Convention such as newspapers and minutes and plenary sessions and those of the drafting committee will be entrusted to the Central Bank of the State, in the name and at the disposal of the Legislative Power, until, By law, its remission is provided and kept in the National Archive.

Article 18.- The Executive Power will immediately have the official edition of 10.000 copies of this Constitution in the Spanish and Guarání languages.

In case of interpretation doubt, the text will be written in Spanish.

Through the educational system, the study of the National Constitution will be promoted.

Article 19.- For the purposes of the limitations established by this Constitution for the reelection of the elective offices of the various powers of the State, the current period will be calculated inclusive.

Article 20.- The original text of the National Constitution will be signed on all its pages by the President and the Secretaries of the National Constituent Convention.

The final Act of the Convention, by which the complete text of this Constitution is approved and established, will be signed by the President and the Secretaries of the National Constituent Convention. It will also be signed by the Convention members who wish to do so so that a single document is formed whose custody will be entrusted to the Legislative Power.

This Constitution is hereby sanctioned. Given in the deliberations of the National Constituent Convention on the twentieth day of the month of June, nineteen hundred and ninety-two, in the city of Asunción, Capital of the Republic of Paraguay.

CELE

National Constitution of Paraguay

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