Adopted on: ۲۰ June ۱۹۹۲
Preamble
The Paraguayan people٫ through their legitimate representatives convening at
the National Constituent Assembly٫ pleading to God٫ recognizing human dignity
for the purpose of ensuring freedom٫ equality and justice٫ reaffirming the
principles of a representative٫ participatory٫ pluralistic republican
democracy٫ upholding national sovereignty and independence and joining the
international community٫ hereby approve and promulgate this Constitution.
Part I About Basic Principles٫ Rights٫ Duties٫ and Guarantees
Title I About Basic Principles
Article ۱ About the Type of State and Government
(۱) The Republic of Paraguay is and will always be independent. It is
constituted as a social state of law٫ which is unitary٫ indivisible٫ and
decentralized as prescribed by this Constitution and the laws.
(۲) The Republic of Paraguay adopts as its system of government a
representative٫ participatory٫ and pluralistic democracy٫ which is founded on
the recognition of human dignity.
Article ۲ About Sovereignty
In the Republic of Paraguay the sovereignty rests with the people٫ who exercise
it in accordance with the provisions of this Constitution.
Article ۳ About Public Powers
(۱) The people exercise public powers through their right to vote. The
government is exercised by the legislative٫ execccutive٫ and judicial powers
through a system in which the three branches of government are kept
independent٫ balanced٫ coordinated and with mutual checks and balances. None of
these branches may claim for itself or may grant to another branch٫ any
individual٫ or group٫ either special powers or all of the public powers.
(۲) Dictatorship is against the law.
Title II About Rights٫ Duties٫ and Guarantees
Chapter I About Life and Environment
Section I About Life
Article ۴ About the Right to Live
The right to live is inherent to the human being. Its protection is guaranteed٫
in general٫ after the time of conception. The death penalty remains abolished.
Each individual''s physical and psychological integrity as well as his honor
and reputation will be protected by the State. The law will regulate the
freedom to dispose ones own body٫ but only for scientific or medical purposes.
Article ۵ About Torture and Other Crimes
(۱) No one will be subjected to torture or to cruel٫ inhuman٫ or degrading
punishment or treatment.
(۲) Genocide٫ torture٫ the use of force to make people disappear٫ kidnapping
and the homicide for political reasons are crimes that are not subject to terms
of limitation.
Article ۶ About the Quality of Life
(۱) The State will promote the quality of life through plans and policies that
are focused on conditioning factors٫ such as extreme poverty and of impediments
stemming from disability or age.
(۲) The State will also promote research on population factors and their links
with socio-economic development٫ the preservation of the environment and the
quality of life of the inhabitants.
Section II About the Environment
Article ۷ About the Right to a Healthy Environment
(۱) Everyone has the right to live in a healthy٫ ecologically
balanced environment.
(۲) The preservation٫ recovery٫ and improvement of the environment٫ as well as
efforts to reconcile these goals with comprehensive human development٫ are
priority objectttives of social interest. The respective laws and government
policies will seek to meet these objectttives.
Article ۸ About Environment Protection
(۱) Those activities that are likely to cause environmental changes will be
regulated by law. The law may also restrict or prohibit those activities that
are considered hazardous.
(۲) The manufacturing٫ assembly٫ import٫ commerce٫ possession or use of
nuclear٫ chemical٫ or biological weapons٫ as well as the introduction of toxic
waste into the country are hereby prohibited. The law may be extended to other
hazardous elements. It will also regulate the trafficking of genetic resources
and related technologies to protect national interests.
(۳) The law will define and establish sanctions for ecological crimes. Any
damage to the environment will entail an obligation to restore and to pay for
damages.
Chapter II About Freedom
Article ۹ About Individual Freedom and Security
(۱) Everyone has the right to have his freedom and security protected.
(۲) No one may be forced to do anything that is not mandated by law٫ and no one
may be prevented from doing something that is not prohibited by law.
Article ۱۰ About Proscriptttion of Slavery and Other Forms of Servitude
Slavery٫ personal servitude٫ and the trafficking in people are hereby
proscribed. Individuals may be required by law to perform social duties in
favor of the State.
Article ۱۱ About Deprivation of Freedom
(۱) No one will be deprived of his physical freedom or taken to court٫ except
under causes and conditions established by this Constitution and the law.
Article ۱۲ About Detention and Arrest
No one will be detained or arrested without a written order issued by a
competent authority٫ except for those caught in flagrante delicto in relation
to a crime punishable with a prison sentence. Any arrested person has the
right:
۱. to be informed at the time of arrest of the reason for the arrest٫ and of
his right to remain silent and to be assisted by a defender of his trust. The
official conducting the arrest must produce an arrest warrant at the time of
the arrest;
۲. have family members or individuals designated by him immediately informed of
his arrest;
۳. to have free communication except when٫ by way of an
exception٫ he is ordered to be held incommunicado by virtue of a founded
decision issued by a competent judicial authority. His incommunicado status٫
which in no case can exceed the deadline established by law٫ will not prevent
him from contacting his defense authority;
۴. To have an interpreter if necessary; and
۵. To be brought before a competent judge within ۲۴ hours of his arrest so that
the judge may take appropriate legal decisions in the case.
Article ۱۳ About Debts Not Being Cause for Imprisonment
The deprivation of freedom by reason of debt is prohibited٫ except in cases
when a competent judicial authority issues an arrest warrant against someone
who has failed to comply with sustenance payments or who has to serve time as a
substitute for judicial fines or bonds to be paid.
Article ۱۴ About the Non-retroactivity of Laws
No law will be retroactive٫ except if it were to the defendant''s or
convict''s advantage.
Article ۱۵ About the Prohibition of Taking the Law into one''s Own Hands
No one may take the law into his own hands or use violence to demand his
rights. However٫ the right to self-defense is guaranteed.
Article ۱۶ About Defense in Court
Everyone has the inviolable right to defend himself and his rights in court.
Everyone has the right to have his case heard by competent٫ independent and
impartial judges and courts.
Article ۱۷ About Procedural Rights
In a criminal process or in any other process which could result in punishment
or sanction٫ everyone has the right:
۱. To be presumed innocent;
۲. To be judged in a public trial٫ except for special cases in which the
presiding judge may consider it necessary to do otherwise to safeguard other
rights;
۳. To be sentenced only at the end of a trial based on a law that was already
in force when the criminal offense was committed٫ and not to be tried by
special tribunals;
۴. Not to stand trial more than once for the same offense. Closed trials cannot
be reopened٫ except to revise sentences to benefit the convicted individual in
those cases prescribed in procedural law;
۵. To defend himself or to be assisted by defenders of his choice;
۶. To have a public defender at the State''s expense if he cannot afford to
pay attorney''s fees;
۷. To have a detailed list of the charrrges against him in advance٫ as well as
copies of relevant documents٫ the means٫ and the essential time that is needed
to prepare for his defense while in free communication;
۸. To offer٫ produce٫ check٫ and reject evidence;
۹. Not to be charrrged with any evidence produced or proceedings carried out
in violation of legal provisions;
۱۰. To have access either personally or through his defender to all
proceedings٫ which٫ under no circumstance٫ may be kept secret from him. The
pretrial inquest stage cannot extend beyond the deadline established by law;
۱۱. To be indemnified by the State if he was convicted because of a judicial
error.
Article ۱۸ About Restrictions on Questioning
(۱) No one may be forced to give testimony against himself٫ against his spouse
or partner٫ or against blood relatives of up to the fourth degree and relatives
by marriage of up to the second degree.
(۲) Illegal acts committed by٫ or dishonors brought upon a defendant do not
affect his relatives or next-of kin.
Article ۱۹ About Preventive Imprisonment
The preventive imprisonment of a defendant will be ordered only when it is
essential for the case proceedings. It should in no way extend beyond the
minimum sentence established for the crime being investigated٫ according to the
classification of it made by the judge in his respective resolution.
Article ۲۰ About the objectttive of Sentences
(۱) Prison sentences will serve the purpose of readapting convicted criminals
and to protect society.
(۲) The confiscation of goods and the dispossession of land are proscribed as
punishment.
Article ۲۱ About the Imprisonment of People
(۱) Those people deprived of their freedom will be kept in adequate
establishments٫ in which the mixture of sexes should be avoided. Minors will
not share the same establishments with adults.
(۲) Persons subject to preventive custody will stay in places other than those
designed for convicted inmates.
Article ۲۲ About Reporting on Court Cases
(۱) Any publication on pending court cases has to be carried out free from
prejudice.
(۲) The defendant must not be considered guilty until the sentence against him
becomes final.
Article ۲۳ About Efforts to Prove That Allegations are True
(۱) Evidence that seeks to prove that allegations are true and notorious will
not be admissible in court cases motivated by publications affecting the honor٫
reputation٫ and dignity of individuals if those allegations refer to private
penal crimes or to private behavior that this Constitution or the law have
declared to be exempted from the authority of the courts.
(۲) This type of evidence is admissible in cases prompted by the publication of
public criticism of government officials and in other cases expressly
established by law.
Article ۲۴ About Religious and Ideological Freedom
(۱) Freedom of religion٫ worship٫ and ideology is recognized without any
restrictions other than those established in this Constitution and the law. The
State has no official religion.
(۲) Relations between the State and the Catholic Church are based on
independence٫ cooperation٫ and autonomy.
(۳) The independence and autonomy of all churches and religious denominations٫
without restrictions other than those imposed by this Constitution and the law٫
are hereby guaranteed.
(۴) No one may be disturbed٫ questioned٫ or forced to give testimony by reason
of his beliefs or ideology.
Article ۲۵ About the Expression of One''s Personality
(۱) Everyone has the right to freely express his personality٫ to be creative٫
and to forge his own identity.
(۲) Ideological pluralism is hereby guaranteed.
Article ۲۶ About Freedom of Expression and of Press
(۱) Free expression and the freedom of the press٫ as well as the dissemination
of thoughts and opinions٫ without any type of censorship٫ and with no more
limitations than the ones established by this Constitution٫ are hereby
guaranteed. In consequence٫ no law is to be passed that restricts or makes
these rights unfeasible. There will be no press crimes; they will be
considered common crimes committed through the press.
(۲) Everyone has the right to generate٫ process٫ or disseminate information and
to use any legal٫ effective instrument to achieve these goals.
Article ۲۷ About the Use of the Mass Communication Media
(۱) The operation of mass communication media organizations is of public
interest; therefore٫ they cannot be closed or suspended.
(۲) No press organization that lacks responsible management will be permitted.
(۳) Any discrimination practice in providing press supplies is hereby
prohibited٫ as well as the jamming of radio frequencies٫ any action aimed at
obstructing in any way the free circulation٫ distribution٫ and sale of
periodicals٫ books٫ magazines٫ or other publications managed by responsible
directors or authors.
(۴) The pluralism of information is hereby guaranteed.
(۵) Advertisement will be regulated by law to better protect the rights of
children٫ youths٫ illiterates٫ consumers٫ and women.
Article ۲۸ About the Right to Obtain Information
(۱) The people''s right to receive true٫ responsible٫ and equitable
information is hereby recognized.
(۲) Everyone has free access to public sources of information. The laws will
regulate the corresponding procedures٫ deadlines and sanctions٫ in order to
turn this right effective.
(۳) Anyone affected by the dissemination of false٫ distorted٫ or ambiguous
information has the right to demand that the offending media organization
rectify or clarify the report under the same conditions in which it was
originally conveyed٫ without any other compensatory rights being affected.
Article ۲۹ About the Freedom to Practice Journalism
(۱) The practice of journalism٫ in all its forms٫ is free and is not subject to
prior authorization. In performing of their duties٫ journalists of mass
communication media organizations will not be forced to act against the
dictates of their conscience or to reveal their sources of information.
(۲) A columnist has the right to publish his opinion uncensored in the
newspaper for which he works as long as his work bears his signature. The
newspaper management may exempt itself from any responsibility by stating its
disagreement with the columnist.
(۳) The journalist''s right of authorship to the product of his intellectual٫
artistic٫ or photographic work٫ no matter what is its techniques٫ is hereby
recognized under the terms of the law.
Article ۳۰ About Electromagnetic Communication Signals
(۱) The transmission and programming of electromagnetic communication signals
fall within the public domain of the State which٫ exercising its national
sovereignty٫ will promote the full use of these signals in compliance to the
rights of the Republic and ratified international agreements.
(۲) The law will ensure equal opportunities for everyone to have free access to
the electromagnetic spectrum٫ as well as the electronic instruments used to
collect and to process public information٫ without limitations other than those
imposed by international regulations and technical rules. Government officials
may not violate personal or family privacy or the other fundamental rights
ensured by this Constitution.
Article ۳۱ About State Mass Communication Media
The structure and operation of mass media organizations subordinated to the
State will be regulated by law. Equal opportunities must be given to all social
and political sectors٫ guaranteeing a democratic and pluralistic access to
these organizations.
Article ۳۲ About Freedom of Assembly and Demonstration
Everyone has the right to assemble and to demonstrate
peacefully without carrying weapons and with legal purpose٫ without havinggg
to ask the authorization of the respective authorities٫ and everyone has the
right to not being obliged to attend this type of meeting. The law can only
regulate the exercise of this right in areas of public traffic control٫ at
certain hours٫ to preserve the rights of others and public order as established
by law.
Article ۳۳ About the Right to Privacy
(۱) Personal and family privacy٫ as well as the respect of private life٫ are
inviolable. Individual behavior that does not affect public order as
established by law or the rights of third parties is exempted from the
authority of public officials.
(۲) The protection of the privacy٫ dignity٫ and private image of each
individual is hereby guaranteed.
Article ۳۴ About the Inviolability of Private Premises
Every private premises is inviolable. Private premises can only be searched or
closed by a court order in accordance with the law. By way of exception٫ it can
be searched or closed without a court order in case of flagrante delicto or to
prevent the imminent perpetration of a crime or to avoid personal harm or
property damage.
Article ۳۵ About Identification Documents
Personal identification documents٫ licenses or certificates cannot be seized or
retained by government officials. Government officials cannot deprive any
individual of these documents except in those cases established by law.
Article ۳۶ About the Inviolability of Personal Documents and Private
Correspondence
(۱) Personal documents are inviolable. Records٫ regardless of the technique
used٫ accountings٫ printed matter٫ correspondence٫ writings٫ telephonic
communication٫ telegraphic communication٫ or any other type of communication٫
collections or reproductions٫ testimonies or objecttts of testimonial value٫
as well as their respective copies٫ cannot be reviewed٫ reproduced٫
intercepted٫ or seized unless
a court order is issued in specific cases established in the law٫ and then only
when action are essential for clearing up matters falling within the
jurisdiction of the respective competent authorities. The law will establish
special procedures for reviewing commercial accounting books and mandatory
record books.
(۲) Evidence obtained in violation of the above provisions is not admissible in
court.
(۳) In every case٫ strict reservation will be observed regarding matters
irrelevant to the investigation.
Article ۳۷ About the Right to Conscientious objectttion
The right to conscientious objectttion for ethical or religious reasons is
hereby recognized for those cases in which this Constitution and the law permit
it.
Article ۳۸ About the Right to Defend Common Interests
Everyone has the right٫ either individually or within a group٫ to demand that
public officials adopt measures to defend the environment٫ the preservation of
the habitat٫ public health٫ national cultural heritage٫ the interests of
consumers٫ and other areas that٫ because of their legal nature٫ pertain to the
community and are related to the quality of life and to property belonging to
the community.
Article ۳۹ About the Right to Just and Adequate Indemnification
Everyone has the right to just٫ adequate indemnification for damage or
prejudice he may have sustained as a result of actions by the State. The law
will regulate this right.
Article ۴۰ About the Right to Petition Authorities
Everyone٫ either individually or within a group٫ and without havinggg to meet
any special requirement٫ has the right to make written petitions to government
authorities٫ who will have to respond within the established legal deadline. If
no response is received within this deadline٫ it will be assumed that the
petition has been denied.
Article ۴۱ About the Right to Move About From Place to Place and to Reside
(۱) Every Paraguayan has the right to reside in his fatherland. Residents may
freely move from one place to another throughout the national territory to
change their place of residence٫ to leave the Republic or to return to it٫ and٫
in accordance with the law٫ to incorporate their assets into the country or to
remove them. Migration will be regulated by law٫ taking into account these
rights.
(۲) The entry into the country for foreigners havinggg no final residence
papers will be regulated by law٫ taking into account international conventions
governing this matter.
(۳) Foreigners who have been granted final residence papers cannot be forced to
leave the country٫ except when an order to this effect has been issued through
a court ruling.
Article ۴۲ About Freedom of Association
Everyone is free to join associations or unionnns with legal purposes. No one
can be forced to join any association. The law will establish procedures for
joining professional associations. Secret associations٫ as well as those of a
paramilitary nature٫ are hereby prohibited.
Article ۴۳ About the Right to Asylum
(۱) Paraguay recognizes the right to territorial and diplomatic asylum to
anyone persecuted for political reasons or crimes or for related common crimes٫
as well as for his opinions or beliefs. Government authorities will have to
immediately issue the respective personal and safe-conduct documents.
(۲) No one who has been granted political asylum will be forced to go to the
country whose authorities are persecuting him.
Article ۴۴ About Taxes
No one will be forced to pay taxes or to provide personal services that had not
been previously and expressly established by law. No one will be forced to post
excessive bail bonds or to pay outrageous fines.
Article ۴۵ About Undeclared Rights and Guarantees
The rights and guarantees contained in this Constitution must not be
interpreted to preclude others that٫ despite being inherent to human
personality٫ are not specified herein. The lack of a law of implementation is
no excuse to either deny or curtail any right or guarantee.
Chapter III About Equality
Article ۴۶ About All Persons Being Equal
(۱) All residents of the Republic are equal as far as dignity and rights are
concerned. No discrimination is permitted. The State will remove all obstacles
and prevent those factors that support or promote discrimination.
(۲) Guarantees aimed at preventing unfair inequalities will not be considered
discriminatory٫ but egalitarian factors.
Article ۴۷ About Guarantees for Equality
The State will guarantee every inhabitant of the Republic:
۱. Equality in access to justice٫ for which purpose it will remove the
obstacles that could prevent it;
۲. Equality before the law;
۳. Equal access to a non-elective public office٫ without any requirement other
than being competent for the job; and
۴. Equal opportunities in the benefits of nature٫ in material assets٫ and in
culture.
Article ۴۸ About Equal Rights for Men and Women
Men and women have equal civil٫ political٫ social٫ and cultural rights. The
State will foster the conditions and createee the mechanisms adequate for
making this equality real and effective by removing those obstacles that
prevent or curtail its realization٫ as well as by promoting women''s
participation in every sector of national life.
Chapter IV About Family Rights
Article ۴۹ About Protection of the Family
The family is the foundation of society. Its comprehensive protection will be
promoted and guaranteed. This comprises the stable unionnn of a man and a
woman٫ their children٫ and the community formed with any of the ancestors or
their descendants.
Article ۵۰ About the Right To Constitute a Family
Everyone has the right to constitute a family٫ in a formation and development
under which a man and a woman will have the same rights and obligations.
Article ۵۱ About Legal Marriages and the Effects of Marriage-Like Partnership
(۱) The law will establish the formalities to be observed for the marriage
between a man and a woman٫ the requirements for contracting it٫ and the causes
for separation or dissolution and its effects٫ as well as property management
provisions and other rights and obligations between spouses.
(۲) A marriage-like partnership between a man and a woman٫ havinggg no legal
impediments to getting married and being charrracterized by stability and
monogamy٫ produces a similar effect to that of a legal marriage٫ in accordance
with the provisions established by law.
Article ۵۲ About the unionnn in Marriage
The unionnn in marriage by a man and woman is one of the fundamental factors
in the formation of a family.
Article ۵۳ About Children
(۱) Every parent has the right and obligation to care for٫ to feed٫ to educate٫
and to support his children while they are minors. The laws will punish those
parents who fail to comply with their duty to provide their children with food.
(۲) Children who are no longer minors must provide assistance to their parents
if necessary.
(۳) The law will regulate the assistance that should be given to large families
and to women who are the head of the family.
(۴) All children are equal before the law. This makes it possible for every
child to investigate who his parents are. It is hereby forbidden to make any
statements about the affiliation in personal documents.
Article ۵۴ About the Required Protection for a Child
(۱) Families٫ society٫ and the State have the obligation of guaranteeing a
child the right to a harmonious٫ comprehensive development٫ as well as the
right to fully exercise his rights by protecting him against abandonment٫
undernourishment٫ violence٫ abuse٫ trafficking٫ or exploitation. Anyone can
demand that a competent authority comply with these guarantees and punish those
who fail to comply with them.
(۲) In case of conflict٫ the rights of the child will prevail.
Article ۵۵ About Maternity and Paternity
Responsible maternity and paternity will be protected by the State٫ which will
promote the creation of the necessary institutions to this end.
Article ۵۶ About Youth
The State will promote conditions conductive to the active participation by the
young people in the political٫
socioeconomic٫ and cultural development of the country.
Article ۵۷ About Senior Citizens
Every senior citizen has the right to receive full protection by his family٫
society٫ and the State. State organizations will promote the well-being of
senior citizens by providing them with social services to meet their needs for
food٫ health٫ housing٫ culture٫ and leisure.
Article ۵۸ About the Rights of People with Special Needs
(۱) Families٫ society٫ and the State will guarantee health care for special
persons٫ as well as education٫ recreation٫ and professional training so that
they may be fully integrated into society.
(۲) The State will formulate a policy for the prevention٫ treatment٫
rehabilitation٫ and integration into society of physically disabled and
psychologically or sensorial impaired individuals٫ who will be entitled to
receive the specialized care they need.
(۳) These individuals are entitled to enjoy the rights guaranteed by this
Constitution to every inhabitant of the Republic٫ with equal opportunities٫ in
order to compensate their disadvantages.
Article ۵۹ About Family Property
Family property is hereby recognized as an institution of a social interest
that will be regulated by law. Family property will consist of the family house
or estate and its furniture and working tools٫ which cannot be subjected to any
attachment.
Article ۶۰ About Protection against Violence
The State will promote policies that aim at preventing violence within the
family and other causes that undermine family solidarity.
Article ۶۱ About Family Planning and Maternal-Child Health Care
(۱) The State recognizes the right of everyone to freely and responsibly
determine the number of children they plan to have٫ as well as the time span
between one child and another. Through a coordinated effort with the
appropriate organizations٫ they are also entitled to receive education٫
scientific guidance٫ and adequate services.
(۲) Special plans will be implemented to ensure reproductive health and
maternal-child health for low-income groups.
Chapter V About Indian Peoples
Article ۶۲ About Indian Peoples and Ethnic Groups
This Constitution recognizes the existence of Indian peoples٫ defined as ethnic
groups whose culture existed before the formation and constitution of the State
of Paraguay.
Article ۶۳ About Ethnic Identity
The right of Indian peoples to preserve and to develop their ethnic identity in
their respective habitat is hereby recognized and guaranteed. They also have
the right to freely apply their systems of political٫ socioeconomic٫ cultural٫
and religious organization٫ and to voluntarily observe customary practices in
their domestic coexistence as long as they do not violate the fundamental
rights established by this Constitution. Indian customary rights will be taken
into account when deciding conflicts of jurisdiction.
Article ۶۴ About Property Owned by the Community
(۱) Indian peoples have the right٫ as communities٫ to a shared ownership of a
piece of land٫ which will be sufficient both in terms of size and quality for
them to preserve and to develop their own lifestyles. The State will provide
them with the respective land٫ free of charrrge. This land٫ which will be
exempt from attachments٫ cannot be divided٫ transferred٫ or affected by the
statute of limitations٫ nor can it be used as collateral for contractual
obligations or to be leased. It will also be exempt from taxes.
(۲) The removal or transfer of Indian groups from their habitat٫ without their
express consent٫ is hereby prohibited.
Article ۶۵ About the Right to Participate
The right of Indian peoples to participate in the political٫ socioeconomic٫ and
cultural life of the country in accordance with their customary practices٫ the
Constitution٫ and the national laws٫ is hereby guaranteed.
Article ۶۶ About Education and Assistance
The State will respect the cultural heritage of Indian peoples٫ especially
regarding their formal education. At their request٫ the State will also defend
them against demographic decline٫ the degradation of their habitat٫
environmental contamination٫ economic exploitation٫ and cultural alienation.
Article ۶۷ About Exemptions
Members of Indian groups are exempted from the obligation to provide social
services٫ civil or military٫ as well as from discharrrging those public duties
established by law.
Chapter VI About Health
Article ۶۸ About Health Rights/ the Right to Health
(۱) The State will protect and promote human health as a fundamental right of
each person and in the best interests of the community.
(۲) No one will be deprived of public assistance to prevent or treat diseases٫
pests٫ or plague or of aid in case of disasters or accidents.
(۳) Everyone must observe the health measures established by law٫ within a
framework of respect for human dignity.
Article ۶۹ About the National Health System
The State will promote a national health system to implement comprehensive
health actions through policies that will result in concerted actions and in
the coordination of related programs and resources from the private and public
sectors.
Article ۷۰ About the Regulation of Social Welfare
The law will establish social welfare programs by implementing strategies based
on health education and community participation.
Article ۷۱ About the Drug Trafficking٫ Drug Addiction٫ and Rehabilitation
(۱) The State will repress the production and illegal trafficking in narcotic
substances and other dangerous drugs and act against the laundering of money
obtained through these activities. Similarly٫ it will also fight the illegal
consumption of these drugs. The laws will regulate the use of these drugs for
medical purposes.
(۲) Preventive education programs and rehabilitation programs for addicts will
be established with the participation of private organizations.
Article ۷۲ About Quality Control
The State will implement quality control procedures for food٫ chemical٫
pharmaceutical٫ and biological products throughout the production٫ import٫ and
marketing stages. It will also enable low-income sectors to have access to
basic medical supplies.
Chapter VII About Education and Culture
Article ۷۳ About the Right to Education and its Goals
(۱) Everyone has the right to a comprehensive٫ permanent education٫ conceived
as a system and process to be realized within the cultural context of the
community. The system is designed to promote the full development of human
personality٫ to foster freedom and peace٫ to promote social justice٫
solidarity٫ cooperation٫ and integration of all peoples٫ the respect for the
human rights and the principles of democracy٫ to confirm the commitment to the
fatherland and to strengthen the cultural identity. It also seeks to promote
the intellectual٫ moral٫ and civic growth of the individual٫ as well as the
elimination of any educational programs of a discriminatory nature.
(۲) The elimination of illiteracy and the implementation of job training
programs are permanent objectttives of the educational system.
Article ۷۴ About the Right to Learn and the Freedom to Teach
(۱) The right to learn and to have equal access opportunities to the benefits
of humanistic culture٫ of science٫ and of technology٫ without any
discrimination٫ is hereby guaranteed.
(۲) The freedom to teach٫ without any requirement other than havinggg ethical
integrity and being competent for the job٫ as well
as the right to have a religious education and ideological pluralism are also
guaranteed.
Article ۷۵ About Educational Responsibility
(۱) The responsibility for education rests with society٫ especially with each
family٫ municipal government٫ and with the State.
(۲) The State will implement programs to provide nutritional supplements and
school supplies to low-income students.
Article ۷۶ About the Obligations of the State
(۱) Elementary education is mandatory. It is free in public schools. The State
will promote secondary٫ technical٫ agricultural٫ industrial٫ and higher or
university education٫ as well as scientific and technological research.
(۲) It is an essential responsibility of the State to organize the educational
system٫ with participation of the distinct educational communities. The system
will encompass the public and private sectors٫ as well as activities conducted
both inside and outside schools.
Article ۷۷ About Teaching in a Native Language
(۱) Teaching in the early school career will be in the official language of
which the student is a native speaker. Students will be taught to understand
and to use both official languages of the Republic likewise.
(۲) Ethnic minorities٫ whose native language is not Guaraní may chose either of
the two official languages.
Article ۷۸ About Technical Education
The State will promote job training through technical education programs in
order to develop the human resources required to achieve national development.
Article ۷۹ About Universities and Higher Education Institutes
(۱) Universities and higher education institutes will be primarily designed to
train professionals٫ to conduct scientific and technological research٫ and to
engage in extension programs.
(۲) Universities are autonomous institutions. Therefore٫ they will establish
their own bylaws and forms of government and will draft their own study plans
in accordance with the national education policy and development plans. Freedom
of teaching is hereby guaranteed. Universities٫ whether public or private٫ will
be createeed by law. The law will also determine which professions require
that an individual must have an university degree in order to practice them.
Article ۸۰ About Funds for Scholarship and Aid
The law will provide for the allocation of funds for scholarships and other
types of aid٫ seeking to promote the intellectual٫ scientific٫ or artistic
skills of individuals٫ preferentially of those havinggg meager resources.
Article ۸۱ About the Cultural Heritage
(۱) Necessary measures will be adopted for the preservation٫ salvage٫ and
restoration of objecttts٫ documents٫ or places havinggg a historical٫
archeological٫ paleontological٫ artistic٫ or scientific value٫ as well as their
respective physical surroundings٫ which are part of the cultural heritage of
the nation.
(۲) The State will define and register those items within the country٫ and٫ if
necessary٫ it will take steps to repatriate those located abroad. The
appropriate organizations will be charrrged with safeguarding and redeeming
the various forms of unwritten culture and of the collective memory of the
nation٫ in cooperation with individuals seeking the same objectttive. The
inappropriate or misleading use of these assets٫ their destruction٫ deliberate
alteration or removal from their original locations٫ or their sale for export
purposes are hereby prohibited.
Article ۸۲ About Recognition of the Catholic Church
The role played by the Catholic Church in the historical and cultural formation
of the Republic is hereby recognized.
Article ۸۳ About Cultural Dissemination and Tax Exemptions
objecttts٫ publications٫ or activities playing a significant role in cultural
and educational dissemination will not be affected by municipal or fiscal
taxes. The law will regulate these exemptions and will establish a system of
benefits for introducing and incorporating into the country the necessary
elements for the promotion of the arts and scientific and technological
research٫ as well as for their dissemination both domestically and abroad.
Article ۸۴ About the Promotion of Sports
(۱) The State will promote all sports٫ especially those of an amateur nature
that enhance physical education٫ by providing them with economic support and
tax exemptions to be established by law. It will also support national
participation in international competitions.
Article ۸۵ About a Minimum Share of the Budget
(۲) Resources allocated in the National Budget for education will not be lower
than ۲۰ percent of the total amount assigned to the central government
administration٫ loans and donations excluded.
Chapter VIII About Labor
Section I About Labor Rights
Article ۸۶ About the Right to Work
(۱) Every inhabitant of the Republic has the right to a legal job٫ freely
chosen٫ which he performs under decent٫ fair conditions.
(۲) The law will protect every form of work. The rights attributed to the
worker by law are inalienable.
Article ۸۷ About Full Employment
The State will promote policies aimed at promoting full employment and
professional training for human resources٫ and it will give preference to
Paraguayan workers.
Article ۸۸ About Nondiscrimination
(۱) No discrimination will be permitted against workers for reasons of race٫
sex٫ age٫ religion٫ social status٫ and political or unionnn preference.
(۲) Special protection will be given to the work of physically or mentally
handicapped individuals.
Article ۸۹ About the Work of Women
(۱) Workers of both sexes have the same labor rights and obligations٫ but
maternity will be subject to special protection and will include health care
services and the appropriate leave٫ which will not be less than ۱۲ weeks. A
woman may not be removed from her work during pregnancy or during her maternity
leave.
(۲) A law will establish a system of paternity leave.
Article ۹۰ About the Work of Minors
Priority will be given to the rights of working minors to guarantee their
normal physical٫ intellectual٫ and moral development.
Article ۹۱ About the Hours of Work and Rest
(۱) The maximum duration of a regular work schedule will not exceed eight hours
daily٫ ۴۸ hours weekly of daytime work٫ except for those legally established
otherwise for special reasons. A law will establish more favorable schedules
for unhealthy٫ painful٫ or nighttime jobs٫ or those carried out in rotating
shifts.
(۲) Annual and other types of leave will be remunerated in accordance with the
law.
Article ۹۲ About Remuneration for Work
(۱) A worker is entitled to a remuneration that will assure him and his family
a free and decent life.
(۲) The law will establish an adjustable basic vital salary٫ an annual year-end
bonus٫ family allowances٫ and salaries above the basic pay for hours of
hazardous or risky work٫ overtime٫ night and holiday work. Equal work basically
merits equal pay.
Article ۹۳ About Additional Benefits to Workers
The State will establish a system of incentives for companies that motivate
their workers through benefits additional to their salaries. Such perquisits
will be independent of the respective salaries and other legal benefits.
Article ۹۴ About Job Security and Severance Pay
The right to job security is guaranteed to every worker within the limits
established by law٫ as well as his right to receive severance pay in case of
dismissal without legal cause.
Article ۹۵ About Social Security
(۱) A mandatory comprehensive social security system for employees and their
families will be established by law. Its extension to every sector of the
population will be promoted.
(۲) Social security services may be public٫ private٫ or mixed٫ but in every
case they will be supervised by the State.
(۳) The financial resources of the social security system will not be diverted
from their specific goals and will be made available for those purposes. This
will not preclude lucrative investments that could cause these funds to
increase.
Article ۹۶ About unionnn Freedom
(۱) Every public and private worker has the right to organize unionnns without
any prior authorization. Members of the Armed Forces and the police are
excluded from this right. Employers have the same freedom to form
organizations. No one can be forced to join any unionnn.
(۲) To have a unionnn recognized/For a unionnn to be recognized and to
operate all that is required is its registration/that it be registered at the
respective administration office.
(۳) Democratic practices established by law will be observed in the election of
unionnn officials٫ as well as in unionnn operational procedures. The law will
also guarantee job security for unionnn leaders.
Article ۹۷ About Collective Agreements
(۱) Every unionnn has the right to promote collective actions and to conclude
agreements on the terms under which work will be performed.
(۲) The State will favor conciliatory solutions to labor conflicts and social
agreements. Arbitration will be optional.
Article ۹۸ About the Right to Call a Strike or a Lockout
(۱) Every worker of the public or private sector has the right to call a strike
in case of conflicts of interests. Employers also have the right to call a
lockout under the same conditions.
(۲) The right to call a strike or a lockout does not apply to members of the
Armed Forces or of the police.
(۳) The law will regulate the exercise of this right so that it may not affect
essential public services.
Article ۹۹ About Compliance With Labor Provisions
Compliance with labor provisions and with safety and health conditions at the
workplace will be supervised by authorities createeed by law٫ which will also
establish sanctions for those violating these provisions.
Article ۱۰۰ About the Right to Housing
(۱) Every inhabitant of the Republic has the right to decent housing
facilities.
(۲) The State will establish conditions conductive to the implementation of
this right and will promote housing projects of social interest specially
designed for low-income families through adequate methods of financing.
Section II About Public Functions
Article ۱۰۱ About Public Officials and Employees
(۱) Public officials and employees are at the service of the country. Every
Paraguayan has the right to hold a public office and job.
(۲) The law will regulate the various areas in which these officials and
employees can provide their services٫ including the judicial٫ the diplomatic
and consular professions٫ the areas of scientific and technological research٫
civil services٫ military and police. This will not preclude others.
Article ۱۰۲ About the Labor Rights of Public Officials and Employees
Public officials and employees are entitled to the rights established under the
Labor Rights Section of this Constitution٫ under a standardized system for the
various careers and within the limits established by law and safeguarding
acquired rights.
Article ۱۰۳ About a Retirement System
(۱) The law will regulate a retirement system for public officials and
employees within the framework of the national social security system. Care
will be taken that the self-supported٫ state-owned organizations createeed to
this end will allow those who are contributing to the system٫ as well as those
who are already retired٫ to administer these funds under the supervision of the
State. Anyone providing some kind of service to the State will be eligible to
join the system.
(۲) The laws will guarantee the updating of retirement annuities to conform to
benefits given to public officials and employees on active duty.
Article ۱۰۴ About the Mandatory Declaration of Assets and Income
Public officials and employees٫ including those holding an elective office٫
those working for state-owned٫ binational٫ self-
supported or decentralized companies٫ and٫ in general٫ those who are regularly
receiving remuneration from the State ٫ must sign a sworn statement declaring
their assets and income by no later than ۱۵ days after their installation and
within ۱۵ days after stepping down.
Article ۱۰۵ About the Prohibition of Earning Two Wages
No individual may hold or receive simultaneously٫ as a public official or
employee٫ more than one salary or remuneration٫ except for that which he may
obtain through a teaching job.
Article ۱۰۶ About the Responsibility of Public Officials and Employees
No public official or employee is exempt from liability for his actions. He
will be held personally liable for any transgression٫ crime٫ or minor offense
he may have committed while in office. This will not relieve the State from its
collateral responsibility. The State٫ however٫ has the right to demand the
reimbursement of payments made because of the official''s wrongdoing.
Chapter IX About Economic Rights and Agrarian Reform
Section I About Economic Rights
Article ۱۰۷ About Free Competition
(۱) Everyone has the right to engage in any legal economic activity of his
choice within a system of equal opportunities.
(۲) Competition at the market is hereby guaranteed. The creation of monopolies
and the artificial increase or decrease of prices that distort free competition
will not be permitted. Usury and the unauthorized trading in harmful items will
be punishable under criminal laws.
Article ۱۰۸ About the Free Circulation of Goods
Goods that are produced or manufactured locally٫ as well as those foreign goods
that have been legally introduced into the country٫ may freely circulate within
the Republic.
Article ۱۰۹ About Private Property
(۱) Private property is hereby guaranteed. The content and limits of it will be
established by law٫ taking into account its socioeconomic function٫ and in
order to make it accessible to everyone.
(۲) Private property is inviolable.
(۳) No one may be deprived of his property٫ except by virtue of a court ruling.
Expropriation for reasons of public use or social interest will be permitted٫
however٫ by law on a case-by-case basis. The law will guarantee that٫ prior to
expropriation٫ just compensation is given to the owner in amounts established
either by mutual agreement or through a court ruling٫ with the exception of
unproductive latifundia earmarked for agrarian reform. Expropriation procedures
will be established by law.
Article ۱۱۰ About Copyrights and Intellectual Property Rights
Every author٫ inventor٫ producer٫ or businessman will be entitled to the
exclusive ownership of his work٫ invention٫ brand٫ or commercial name٫ in
accordance with the law.
Article ۱۱۱ About the Transfer of State-Owned Companies
Whenever the State decides to transfer a state-owned company٫ or its shares in
such a company٫ to the private sector٫ it will give preferential option of
purchase to the workers and sectors that are directly linked with the company.
A law will regulate the way in which this option will be established.
Article ۱۱۲ About the State Domain
(۱) The State has the right of domain over all deposits of hydrocarbons and
solid٫ liquid٫ or gaseous minerals that are naturally embedddded in the
territory of the Republic٫ with the exception of rocky٫ earthy٫ or calcareous
substances.
(۲) The State will grant concessions to individuals or companies٫ whether
public or private or mixed٫ national or foreign٫ for the prospecting٫
exploration٫ research٫ or exploitation of deposits for a limited period of
time.
(۳) The law will regulate an economic system that should adequately consider
the interests of the State٫ the concessionaires٫ and the owners of land that
may be affected.
Article ۱۱۳ About the Promotion of Cooperatives
(۱) The State will promote cooperative enterprises and other forms of
association for the production of goods and services based on solidarity and
social benefit. The State will guarantee the free organization and autonomy of
these enterprises.
(۲) The principles of cooperativism٫ as instruments for national economic
development٫ will be disseminated through the education system.
Section II About Agrarian Reform
Article ۱۱۴ About the objectttives of Agrarian Reform
Agrarian reform is one of the fundamental factors for achieving well-being in
rural areas. It consists of the effective participation by the peasant
population in the socioeconomic development of the nation. To this end٫
equitable systems of distribution٫ ownership and tenancy of land will be
adopted; credit and technical٫ educational٫ and health assistance will be
organized; the creation of agricultural cooperatives and similar
associations will be fostered; and the increase production٫
industrialization٫ and rationalization of the market will be promoted for the
integrated development of the agricultural sector.
Article ۱۱۵ About the Bases for Agrarian Reform and Rural Development
Agrarian reform and rural development will be implemented on the following
bases:
۱. The adoption of a tax system and other measures designed to stimulate
production٫ to discourage latifundia owners٫ and to guarantee the development
of small and medium-sized rural property٫ in accordance with the
charrracteristics of each zone;
۲. The rationalization and standardization of land use and farming practices to
prevent soil degradation٫ as well as the promotion of intensive٫ diversified
agricultural activities;
۳. The promotion of small and medium-sized agricultural companies;
۴. The planning of peasant settlements; the awarding of plots of land to the
beneficiaries of the agrarian reform transferring it into their property;
and the planning of the required infrastructural facilities for making the
settlement permanent٫
especially roads٫ education٫ and health;
۵. The establishment of systems and organizations to ensure fair prices to
primary producers;
۶. The granting of low-cost loans for agriculture without the participation of
any middleman;
۷. The defense and preservation of the environment;
۸. The creation of agricultural insurance;
۹. Support for peasant women٫ especially for those who are heads of families;
۱۰. Participation by peasant women in agrarian reform planning on an equal
footing with peasant men;
۱۱. Participation by the subjects of agrarian reform in the respective process٫
and the promotion of peasant organizations charrrged with defending
socioeconomic and cultural interests;
۱۲. Preferential support for Paraguayan citizens in agrarian reform plans;
۱۳. Education for the farmer and his family to prepare them for becoming active
agents of national development;
۱۴. The creation of regional centers for the study and classification of soils
for the purpose of raising the most suitable crop in each region;
۱۵. The adoption of policies to promote the people''s interest in
agricultural activities by creating professional training centers in rural
areas; and
۱۶. The promotion of internal migration٫ in response to demographic and
socioeconomic demands.
Article ۱۱۶ About Unproductive Latifundia
(۱) In order to progressively eliminate unproductive latifundia٫ the law will
take into account the natural qualities of the land٫ the needs of the
population engaging in agricultural activities٫ and sound recommendations for a
balanced development of agricultural٫ forestal٫ and industrial activities as
well as the sustainable exploitation of natural resources and the preservation
of the ecological balance.
(۲) The expropriation of unproductive latifundia within the framework of the
agrarian reform will be established by law on a case-by-case basis; the
respective law will establish the method and terms of payment.
Chapter X About Political Rights and Duties
Article ۱۱۷ About Political Rights
(۱) Citizens of either sex have the right to participate in public matters٫
directly or through their representatives٫ in accordance with the provisions of
the Constitution and the law.
(۲) The access of women to public functions will be promoted.
Article ۱۱۸ About Suffrage
Suffrage is a right٫ a duty٫ and a public function of a voter. It is the basis
of a democratic٫ representative democracy. It is based on universal٫ free٫
equal٫ and secret voting٫ as well as on a publicly supervised vote count and a
proportional representational system.
Article ۱۱۹ About Suffrage in Intermediate Organizations
The same principles and rules of suffrage will be applicable to elections in
intermediate٫ political٫ unionnn٫ and social organizations.
Article ۱۲۰ About Voters
(۱) Every Paraguayan citizen٫ ۱۸ years old and residing in the national
territory٫ is eligible to vote.
(۲) Citizens can not only elect٫ but also be elected without restrictions٫
other than those established in this Constitution and the law.
(۳) Foreigners with permanent residence papers will have the same rights in
municipal elections.
Article ۱۲۱ About Referendum
A legislative referendum٫ approved by law٫ can be either binding or nonbinding.
A law will regulate this institution.
Article ۱۲۲ About Matters That Cannot Be Submitted to a Referendum
The following matters cannot be submitted to a referendum:
۱. International relations٫ treaties٫ conventions٫ or agreements;
۲. Expropriations;
۳. National defense;
۴. Limitations to real estate property;
۵. Tax٫ monetary٫ and banking systems; loan agreements; the national
General Budget; and
۶. National٫ departmental٫ and municipal elections.
Article ۱۲۳ About Popular Initiative
Voters are hereby given the right to propose draft laws to Congress through
popular initiative. A law will establish the procedures as well as the number
of voters who must sign such proposals.
Article ۱۲۴ About the Nature and Functions of Political Parties
(۱) Political parties are legal organizations falling under public law. They
must reflect pluralism٫ participate in the formation of elective officials٫
provide guidance for national٫ departmental٫ or municipal policies٫ and
participate in the civic training of citizens.
Article ۱۲۵ About Freedom of Association in Political Parties and Movements
(۲) All citizens have the right to freely organize themselves in political
parties and movements٫ to democratically participate in the election of
officials to the post defined in the Constitution and the law٫ and to have a
voice in national politics. A law will regulate the formation of these
organizations to ensure their democratic nature.
(۳) The legal status of political parties and movements can be revoked only
through a court decision.
Article ۱۲۶ About Prohibitions Affecting Political Parties and Movements
In discharrrging their functions٫ political parties or movements cannot:
۱. Receive economic aid٫ directions٫ or instructions from foreign organizations
or states;
۲. Establish structures which٫ directly or indirectly٫ may entail the use of٫
or a call for٫ violence a s a method of political action; and
۳. Be constituted with the intention of forcibly replacing the system of
freedom and democracy٫ or of endangering the existence of the Republic.
Chapter XI About Duties
Article ۱۲۷ About Compliance with the Law
Everyone must comply with the law. Free criticism of the law is permitted٫ but
it is not allowed to advocate disobedience.
Article ۱۲۸ About the Preeminence of General Interest and the Duty to Cooperate
In no case will the interests of individuals prevail over general interest.
Everyone must cooperate in promoting the good of the country by providing
services and carrying out functions defined as public duties٫ which this
Constitution and the law may establish.
Article ۱۲۹ About Military Service
(۱) Every Paraguayan must be prepared for and must complete his services for
the armed defense of the Fatherland.
(۲) To this end٫ mandatory military service is hereby established. A law will
regulate the conditions under which this duty will be discharrrged.
(۳) Military service must be based on full respect of human dignity. In time of
peace٫ it will not exceed ۱۲ months.
(۴) Women will not be required to provide military service but as aides٫ if
necessary٫ during an armed international conflict.
(۵) Those who declare conscientious objectttion will provide services to
benefit the civilian population٫ in aid centers designated by law and operated
under civilian jurisdiction. The law implementing the right to conscientious
objectttion will be neither punitive nor impose burdens heavier than those
imposed by military service.
(۶) Personal military service٫ not determined by law or which is set up for the
benefit or profit of private citizens or organizations٫ is hereby prohibited.
(۷) The law will regulate the contribution of foreigners to national defense.
Article ۱۳۰ About the Men That Rendered Services to the Fatherland
(۱) Veterans of the Chaco War and of other armed international conflicts that
may be waged in the defense of the Fatherland will enjoy honors and privileges٫
pensions to enable them to lead a decent life٫ with preferential٫ free٫ and
complete health care٫ as well as other benefits established by the law.
(۲) The economic benefits to which a veteran is entitled will be inherited by
his widow or by his children if the latter are minors or handicapped. These
benefits will also be extended to the heirs of veterans who already passed away
before the promulgation of this Constitution.
(۳) The economic benefits awarded to the men that rendered services to the
Fatherland will not suffer restrictions and will be immediately implemented
without requirements other than an adequate certification.
(۴) Former Bolivian prisoners of war who٫ since the signing of the peace
treaty٫ have permanently resided in the Republic will be entitled to the same
economic benefits and health care services granted to the Chaco War veterans.
Chapter XII About Constitutional Guarantees
Article ۱۳۱ About Guarantees
The guarantees established in this chapter٫ which will be regulated by law٫ are
designed to enforce the rights contained in this Constitution.
Article ۱۳۲ About Unconstitutionality
The Supreme Court of Justice has the power to declare any legal provision or
decision by the courts unconstitutional٫ in the manner and within the scope
established in this Constitution and the law.
Article ۱۳۳ About Habeas Corpus
(۱) This guarantee can be petitioned by the affected party using tangible
means٫ either personally or through another person٫ without the need for a
power of attorney and before any court of first instance within the respective
judicial district.
(۲) Habeas corpus may be:
۱. Preventive: Whereby any person facing the imminent danger of being illegally
deprived of his freedom may request the court to examine the legitimacy of the
circumstances that٫ in his opinion٫ are threatening his freedom; he may also
request the court to halt these restrictions.
۲. Restorative: Whereby any person who has been illegally deprived of his
freedom may request that the circumstances of
the case be corrected. The judge
will order that the detainee be brought before him٫ as well as a report by the
public or private agent who made the detention٫ within ۲۴ hours٫ of the filing
of the Habeas Corpus petition. If the affected agent failed to comply with the
court order٫ the judge will report to the petitioner''s place of detention
and٫ after evaluating the merits of the case٫ order the release of the
petitioner as if he had been brought before the judge and the report had been
filed. If there is no legal cause for the deprivation of freedom٫ the judge
will order the petitioner''s immediate release; if there is a written
order by a court authority٫ he will refer the case files to the judge who
ordered the detention.
۳. Generic: Whereby anyone may demand the correction of circumstances that٫
despite not falling within the above categories٫ may restrict freedom or
threaten personal security. Similarly٫ this guarantee may also be applied to
cases of physical٫ psychological٫ or moral abuse against individuals who have
been legally deprived of their freedom. The law will regulate the various types
of Habeas Corpus٫ which will be applicable even in a state of exception. Habeas
Corpus proceedings will be brief٫ summary٫ and free of charrrge. A judge may
ex-officio begin these proceedings.
Article ۱۳۴ About Amparo
(۱) Anyone who considers himself seriously affected by a clearly illegitimate
act or omission٫ either by governmental authorities or individuals٫ or who may
be in imminent danger that the rights and guarantees of this Constitution or
the laws may be curtailed٫ and who in light of the urgency of the matter cannot
seek remedy through regular legal channels٫ may file a petition for Amparo
before a competent judge. Proceedings will be brief٫ summary٫ and free of
charrrge٫ and will include actions in those cases established by the law.
(۲) The judge is empowered to safeguard rights٫ guarantee٫ or immediately
restore the legal situation that existed prior to the violation.
(۳) If the subject matter is an electoral issue٫ the electoral courts will have
jurisdiction over the case.
(۴) A petition for Amparo cannot be filed in relation to a case that is already
being heard by the courts٫ against actions taken by judicial organizations٫ or
in the process of discussion٫ approval.٫ and promulgation of the laws.
(۵) The law will regulate the respective proceedings. Court ruling in Amparo
cases will not be final.
Article ۱۳۵ About Habeas Data
Everyone may have access to information and data available on himself or assets
in official or private registries of a public nature. He is also entitled to
know how the information is being used and for what purpose. He may request a
competent judge to order the updating٫ rectification٫ or destruction of these
entries if they are wrong or if they are illegitimately affecting his rights.
Article ۱۳۶ About the Competence and Responsibility of Judges
(۱) No competent judge may refuse to hear in the actions or remedies described
in the previous articles. If he does so without legal cause٫ he will stand
trial٫ and if appropriate٫ he will be removed from office.
(۲) In his ruling٫ the judge must also pass judgment on the responsibilities of
those officials who committed the illegal action٫ and if there is prima facie
evidence of the perpetration of a crime٫ he will order the suspension or arrest
of those found to be responsible as well as any appropriate preventive measure
aimed at ensuring a more effective compliance with these responsibilities.
(۳) Additionally٫ if it falls within his jurisdiction٫ he will order the
respective pretrial inquest and will hear the opinion of the prosecuting
attorney. If it does not fall within his jurisdiction٫ he will refer the case
files to a competent judge.
Part II About the Political Organization of the Republic
Title I About the Nation and the State
Chapter I About General Principles
Article ۱۳۷ About the Supremacy of the Constitution
(۱) The Constitution is the supreme law of the Republic. The Constitution٫ the
international treaties٫ conventions٫ and agreements that have been approved and
ratified by Congress٫ the laws dictated by Congress٫ and other related legal
provisions of lesser rank make up the national legal system٫ in descending
order of preeminence٫ as listed.
(۲) Anyone٫ who attempts to change this order overlooking the procedures
established in this Constitution٫ will be committing crimes that are to be
classified and punished by law.
(۳) This Constitution will not lose its validity even if it were no longer
observed following a forcible action or if it were to be repealed by means
other than those established herein.
(۴) Any measure or action by authorities going against the provision of this
Constitution will not be valid.
Article ۱۳۸ About the Validity of the Legal System
(۱) Citizens are hereby authorized to resist usurpers through every means
available to them. If a person or a group of persons٫ acting in the name of any
principle or representation contrary to this Constitution٫ was to seize public
power٫ their action will be null٫ non-binding٫ and of no value٫ and therefore٫
exercising their right to resist oppression٫ the people will be excused from
havinggg to comply with such actions.
(۲) Those foreign states that٫ under any circumstance٫ cooperate with such
usurpers will not be able to demand compliance with any pact٫ treaty٫ or
agreement signed with or authorized by an usurping government as if these were
obligations or commitments of the Republic of Paraguay.
Article ۱۳۹ About Symbols
(۱) The following are symbols of the Republic of Paraguay:
۱. The flag of the Republic;
۲. The national seal; and
۳. The national anthem.
(۲) The law will regulate the charrracteristics of the symbols of the Republic
that were not included in the resolution of the Special General Congress of ۲۵
November ۱۸۴۲ and will determine their use.
Article ۱۴۰ About Languages
(۱) Paraguay is a bilingual country with a pluralistic culture.
(۲) Its official languages are Spanish and Guaraní. The law will establish the
procedures for using one or the other.
(۳) Languages٫ as well as those of other minority groups٫ are part of the
cultural heritage of the nation.
Chapter II About International Relations
Article ۱۴۱ About International Treaties
International treaties that were properly concluded and approved by a law of
Congress and the instruments of ratification which have been exchanged or
deposited are part of the domestic legal system in keeping with the order of
preeminence established under Article ۱۳۶.
Article ۱۴۲ About the Renouncement of Treaties
International treaties concerning human rights cannot be renounced٫ but must
follow the procedures established herein for the amendment of this
Constitution.
Article ۱۴۳ About International Relations
In its international relations٫ the Republic of Paraguay accepts international
law and endorses the following principles:
۱. National independence;
۲. The self-determination of all people;
۳. Legal equality among all states;
۴. International solidarity and cooperation;
۵. International protection of human rights;
۶. Free navigation of international rivers;
۷. Nonintervention; and
۸. The condemnation of every form of dictatorship٫ colonialism٫ or imperialism.
Article ۱۴۴ About Relinquishing War
The Republic of Paraguay relinquishes war٫ but it upholds the principle of
self-defense. This statement is consistent with the rights and obligations
Paraguay has as a member of the United Nations and of the Organization of
American States as a signatory of integration treaties.
Article ۱۴۵ About a Supranational Legal System
(۱) The Republic of Paraguay٫ on an equal footing with other states٫ admits a
supranational legal system that guarantees the enforcement of human rights٫
peace٫ justice٫ and cooperation٫ as well as political٫ socioeconomic٫ and
cultural development.
(۲) These decisions can be adopted only through an absolute majority vote by
each house of Congress.
Chapter III About Nationality and Citizenship
Article ۱۴۶ About Natural Nationality
(۱) The following are natural Paraguayan nationals:
۱. Those persons who were born in the territory of the Republic;
۲. Those children who were born abroad to a Paraguayan father mother٫ either or
both٫ who were at the service of the Republic;
۳. Those children who were born abroad to a Paraguayan father or mother and who
have decided to reside permanently in the Republic; and
۴. Children of unknown parents٫ found within the territory of the Republic.
(۲) An interested party٫ if it has reached the age of ۱۸٫ will obtain formal
recognition of the right granted under section ۳) above by simply making a
statement. If the person has not reached this age yet٫ a statement to this
effect by its legal representative will be valid until the minor becomes ۱۸٫ at
which time he may confirm his representative''s statement.
Article ۱۴۷ About the Inviolability of Natural Nationality
No natural Paraguayan national can be deprived of his nationality٫ but he may
voluntarily relinquish it.
Article ۱۴۸ About Naturalization
Foreigners may obtain the Paraguayan nationality through naturalization if they
meet the following requirements:
۱. To be of age;
۲. To have had a minimum of three years of residence in the national territory;
۳. To exercise regularly any profession٫ trade٫ science٫ art or industry;
and
۴. To have good conduct٫ as defined by the law.
Article ۱۴۹ About Multiple Nationality
Multiple nationality may be admitted through an international treaty or though
reciprocity provisions at constitutional level between the state of birth and
that of adoption.
Article ۱۵۰ About the Loss of Nationality
Naturalized Paraguayan nationals may lose their nationality by
virtue of a court ruling based on an unjustified absence from the Republic for
more than three years or by the voluntary adoption of another nationality.
Article ۱۵۱ About Honorary Nationality
Congress may award٫ by law٫ honorary Paraguayan nationality to those foreigners
who have rendered outstanding services to the Republic.
Article ۱۵۲ About Citizenship
A citizen is:
۱. Every natural Paraguayan national over the age of ۱۸;
۲. Every naturalized Paraguayan national after two years of havinggg obtained
his naturalization.
Article ۱۵۳ About the Suspension of Citizenship
(۱) The exercise of citizenship will be suspended:
۱. If one adopts another nationality٫ except when international reciprocity is
applicable;
۲. By reason of incompetence٫ declared through a court ruling٫ that would
prevent one from acting freely and competently; and
۳. When the citizen is serving a prison sentence. The suspension of citizenship
will end as soon as the cause that prompted it ends legally.
(۲) The suspension ends when the reason that caused it has been removed.
Article ۱۵۴ About the Exclusive Jurisdiction of the Judicial Branch
(۱) The law will establish provisions concerning the acquisition٫ recovery٫ and
options of nationality; as well as the suspension of citizenship.
(۲) The judicial branch will have exclusive jurisdiction to hear in these
cases.
Chapter IV About the Territorial Organization of the Republic
Section I About General Provisions
Article ۱۵۵ About the Territory٫ Sovereignty٫ and Inalienability
The national territory never can be transferred٫ leased٫ or alienated in any
way٫ not even temporarily٫ to any other country. States maintaining diplomatic
relations with the Republic٫ as well as international organizations of which
the Republic is a member٫ may only acquire the necessary locations for the seat
of their missions in accordance with the provisions of the law. In these cases٫
national sovereignty over the location will always be preserved.
Article ۱۵۶ About the Political and Administrative Structure
To set up a political and administrative structure of the State٫
the national territory will be divided into departments and municipalities
that٫ within the limits of this Constitution and the law٫ will enjoy political٫
administrative٫ and regulatory autonomy in managing their interests and
independence in collecting and investing their resources.
Article ۱۵۷ About the Capital
The City of Asuncion is the capital of the Republic and the seat of the
branches of government. It is constituted as a municipality independent from
the departments. A law will establish its boundaries.
Article ۱۵۸ About National Services
(۱) The creation and functioning of national services within the jurisdiction
of departments and municipalities will be authorized by law.
(۲) Departmental services may be established likewise through agreements
between the respective departments and municipalities.
Article ۱۵۹ About Departments and Municipalities
The creation٫ merger٫ or modification of departments and their capitals or of
municipalities and districts٫ will be determined by law taking into account
their socioeconomic٫ demographic٫ ecological٫ cultural٫ and historic
conditions.
Article ۱۶۰ About Regions
Departments may be organized in regions in order to promote a better
development of their respective communities. Their form and functioning will be
regulated by law.
Section II About Departments
Article ۱۶۱ About Departmental Governments
(۱) The government of each department will be headed by a governor and by a
departmental board. They will be elected directly by the citizens residing in
the respective departments through elections that will be held simultaneously
with the national general elections٫ and their term will last five years.
(۲) The governor will represent the execccutive branch in implementing the
national policy. He cannot be reelected.
(۳) The laws will determine the composition and functions of the departmental
boards.
Article ۱۶۲ About Requirements
(۱) To become a governor٫ one must:
۱. Be a natural Paraguayan citizen.
۲. Be at least ۳۰ years old.
۳. Be a native of the department٫ and have resided there for at least one year.
If the candidate is not a native of the department٫ he must have resided there
for at least five years. These two terms will be computed backwards from the
date set for election.
(۲) The causes for ineligibility of candidates for the post of governor will be
the same to those applicable to the president and vice president of the
Republic.
(۳) To become a member of a departmental board٫ a candidate must meet all the
requirements for the office of governor٫ except for the minimum age٫ which is
۲۵.
Article ۱۶۳ About Jurisdiction
A departmental government will have jurisdiction:
۱. To coordinate activities among the various municipalities within the
department٫ to organize joint departmental services such as public works٫ power
supply٫ potable water٫ and others that would serve more than one municipality;
as well as to promote associations to promote cooperation among them;
۲. To prepare a departmental development plan٫ which must be reconciled with
the National Development Plan٫ and to draft an annual departmental budget that
will be taken into account in the National General Budget;
۳. To coordinate departmental action with the activities of the central
government٫ especially concerning national health and educational offices
located within the department;
۴. To appoint members of the Departmental Development Council; and
۵. To exercise other powers established by this Constitution and the law.
Article ۱۶۴ About Resources
Departmental administration will have the following resources:
۱. Their apportionment of the taxes and contributions established and regulated
by this Constitution and the laws;
۲. The funds or subsidies assigned to them by the central government;
۳. Their own income as determined by the law٫ as well as donations and
legacies; and
۴. Other resources established by the law.
Article ۱۶۵ About Intervention
(۱) The execccutive branch٫ with the prior concurrence of the Chamber of
Deputies٫ may intervene in departmental and municipal governments in the
following cases:
۱. At the request of the respective departmental board or city council
supported by an absolute majority vote of their members;
۲. If the departmental board or city council has been disintegrated to such
extent that it can no longer function; and
۳. If there are serious irregularities in the implementation of the budget or
in the administration of departmental or municipal assets٫ after hearing the
opinion of the Comptroller General of the Republic.
(۲) The intervention will not last more than ۹۰ days and٫ if a
case described in section three above is proved٫ the Chamber of Deputies٫ by an
absolute majority vote of its members٫ will remove the governor٫ mayor٫
departmental board٫ or municipal council. In this case٫ the Superior Electoral
Court will call a new election of authorities to replace those who have been
removed from office within ۹۰ days following the resolution of the Chamber of
Deputies.
Section III About Municipalities
Article ۱۶۶ About Autonomy
Municipalities are local government organizations with legal status which٫
within their jurisdiction٫ have political٫ administrative٫ and regulatory
autonomy٫ as well as independence in collecting and investing their resources.
Article ۱۶۷ About Municipal Governments
Municipal governments will be exercised by a mayor and councilmen٫ who will be
elected directly by legally qualified voters.
Article ۱۶۸ About Municipal Powers
Acting within their territorial jurisdiction and in accordance with the laws٫
municipalities will have the following powers:
۱. Free management of matters falling within their competence٫ especially those
concerning urban affairs٫ the environment٫ food supplies٫ education٫ culture٫
sports٫ tourism٫ health and social assistance٫ credit institutions٫ and
inspection and police bodies;
۲. The administration and disposition of their assets;
۳. The drafting of their budgets٫ with both income and expenses;
۴. The apportionment of the national income;
۵. The regulation of rates charrrged for effectively rendered municipal
services٫ which cannot be higher than their actual cost;
۶. The issuance of bylaws٫ regulations٫ and resolutions;
۷. Access to national or international٫ private or public credit;
۸. The regulation and supervision of traffic٫ of the public transit system٫ and
of other matters relating to the circulation of vehicles; and
۹. All other powers established by this Constitution and the law.
Article ۱۶۹ About Real Estate Tax
Municipalities and departmental governments will be entitled to all taxes
directly affecting real estate property. Municipalities will be charrrged with
collecting these taxes. Each municipality will retain ۷۰ percent of real estate
tax revenues collected within its jurisdiction; ۱۵ percent will go to the
respective departmental government٫ and ۱۵ percent will be distributed among
the low-income municipalities in accordance with the law.
Article ۱۷۰ About the Protection of Resources
No state institution or any autonomous٫ self-supported٫ or decentralized
company may collect municipal income or revenues.
Article ۱۷۱ About Categories and Systems
(۱) The various municipal categories and systems will be established by the
law٫ taking into account population٫ economic development٫ geographical
location٫ and ecological٫ cultural٫ and historical conditions; as well as
other decisive factors for their development.
(۲) Municipalities may associate with each other to pursue their goals and٫
through law٫ may associate with municipalities abroad.
Chapter V About Public Force
Article ۱۷۲ About Its Composition
Public force consists exclusively of military and police forces.
Article ۱۷۳ About the Armed Forces
(۱) The armed forces constitute a national institution that will be organized
as a permanent٫ professional٫ non-deliberative٫ obedient force٫ subordinated to
the State٫ to the provisions of this Constitution٫ and to the law. Its mission
is to safeguard the national territorial integrity and to defend the
legitimately constituted authorities in accordance with this Constitution and
the law. The law will determine its organization and personnel.
(۲) Military personnel on active duty will conform their actions to the law and
regulations. They cannot join any political party or movement or engage in any
type of political activity.
Article ۱۷۴ About Military Courts
(۱) Military courts will hear only crimes and disciplinary violations of
military nature٫ which according to the law٫ were committed by military
personnel on active duty. Their decisions can be overturned by courts of law.
(۲) When the offense in question is punishable both under civilian and military
penal laws٫ it will not be considered to be a military crime٫ unless it was
committed by a serviceman on active duty while discharrrging his military
duties.
(۳) In cases where there is doubt as to whether a crime is civilian or
military٫ it will be considered to be civilian. Only in cases of an armed
international conflict and in no other form as prescribed by law٫ military
courts may have jurisdiction over civilians and retired military personnel.
Article ۱۷۵ About the National Police
(۱) The National Police is a professional٫ non-deliberative٫ obedient٫
permanent institution. It is subordinate to the execccutive branch and
charrrged with safeguarding national domestic security.
(۲) Within the framework of this Constitution and the law٫ their
mission is to preserve the established legal order and the rights and security
of individuals and organizations and their property٫ to seek crime prevention٫
to enforce the orders issued by competent authorities٫ and٫ under court
supervision٫ to investigate crimes. The law will regulate their organization
and powers.
(۳) The leader of the National Police will be a senior career officer.
Policemen on active duty cannot join any political party or movement or engage
in any type of political activity.
(۴) The creation of independent police bodies will be established by law٫ which
will outline their respective powers and jurisdictions within the municipal
framework and within the other branches of government.
Chapter VI About the State Economic Policy
Section I About National Economic Development
Article ۱۷۶ About the Economic Policy and the Promotion of Development
(۱) The promotion of socioeconomic and cultural development is a fundamental
goal of the economic policy.
(۲) The State will promote economic development through the rational use of
available resources to support an orderly٫ sustained growth of the economy٫ to
createee new sources of jobs and wealth٫ to increase the national wealth٫ and
to ensure the well being of the people. Development will be promoted through
comprehensive programs that will be instrumental in coordinating and guiding
national economic activities.
Article ۱۷۷ About the Nature of Development Plans
National development plans will be indicative for the private sector٫ but
mandatory for the public sector.
Section II About Financial Organization
Article ۱۷۸ About the Resources of the State
To achieve its goals٫ the State establishes taxes٫ contributions٫ and other
revenues. It exploits directly or through concessionaires those assets falling
under its private domain٫ over which it establishes royalties٫ compensations٫
or other rights under the terms that are fair and beneficial to the national
interest. It organizes the exploitation of public services and collects taxes
on them. It obtains domestic or international loans earmarked for national
development programs. It regulates the country''s financial system٫ and it
organizes and builds the monetary system.
Article ۱۷۹ About the Creation of Taxes
(۱) Every tax٫ irrespective of its nature or name٫ will be exclusively
established by law in accordance with fair socioeconomic principles and with
policies that are favorable to national development.
(۲) The determination of taxable matters٫ taxpayers٫ and the nature of the tax
system can also be done only by law.
Article ۱۸۰ About Double Taxation
Taxation must be based on equality. No tax will have a confiscating nature.
Creation and enforcement will be commensurate with the tax base and with the
general conditions of the country''s economy.
Title II About the structure and Organization of the State
Chapter I About the Legislative Branch
Section I About General Provisions
Article ۱۸۲ About Its Composition
(۱) The legislative branch will be exercised by Congress٫ which consists of the
Senate and of the Chamber of Deputies.
(۲) Members and alternate members of both chambers will be directly elected by
the people in accordance with the law.
(۳) Alternate members will replace members in case of death٫ resignation٫ or
disability of the latter for the remainder if the constitutional term or for as
long as the disability lasts٫ if of a temporary nature. All other cases will be
resolved in accordance with the internal regulations of each chamber.
Article ۱۸۳ About the Joint Congressional Session
(۱) Only when both chambers convene in Congress٫ they will have the following
duties and powers:
۱. To administer the oath of office to the president of the Republic٫ the vice
president٫ and the justices of the Supreme Court of Justice.
۲. To grant or to deny the appropriate authorization to the president of the
Republic in those cases established in this Constitution;
۳. To authorize the entry of foreign armed forces into the national territory
and to authorize the departure abroad of national forces٫ except for cases of
mere courtesy;
۴. To receive chiefs of state or of government of other countries; and
۵. Other powers established in this Constitution.
(۲) The presidents of the Senate and of the Chamber of Deputies will preside
over the meetings of Congress as president and vice president٫ respectively.
Article ۱۸۴ About Sessions
(۱) Both chambers of Congress will convene yearly in ordinance sessions that
will last from ۱ July to ۳۰ June of the following year٫ with a period of
recession from ۳۱ December to ۱ March٫ date on which the President of the
Republic will give his report. Both chambers will call special sessions or will
extend their ordinary sessions through a decision approved by one-fourth of the
members of either house٫ by two-thirds of the Standing Congressional Committee٫
or by an execccutive branch decree. The president of Congress٫ or of the
Standing
Committee٫ must call the session within the peremptory term of ۴۸ hours.
(۲) The same procedure will be followed to extend sessions. Special sessions
will be called to discuss a specific order of the day and will adjourn as soon
as the items included on the agenda have been discussed.
Article ۱۸۵ About Joint Sessions
(۱) The two chambers will convene in joint sessions in those cases outlined in
this Constitution or in the Congressional Bylaws٫ which will establish the
required formalities.
(۲) A legal quorum will exist if half plus one of the total number of members
of each house is present. Except for those cases in which this Constitution
requires a specific majority vote٫ all decisions will be taken by simple
majority vote of all members in attendance.
(۳) For the purpose of voting by each chamber of Congress٫ a simple majority
vote consists of half plus one of those members in attendance; absolute
majority consists of the legal quorum; and a two-thirds majority consists of
two-thirds of the total number of members of each chamber.
(۴) The provisions of this article will also apply to joint sessions of both
chambers of Congress.
(۵) The same system of quorum and majorities will be applicable to any elective
body established by this Constitution.
Article ۱۸۶ About Committees
(۱) The two chambers will convene in plenary sessions or in unicameral or
bicameral committees.
(۲) The composition of these committees will be٫ as much as possible٫
proportional to the blocs represented in the chambers.
(۳) At the start of every annual session٫ each chamber will designate advisory
committees. These may request reports and opinions of individuals or of public
or private organizations in order to produce recommendations or to facilitate
the implementation of other congressional powers.
Article ۱۸۷ About the Election and Term in Office
(۱) Senators and deputies٫ and their respective alternates٫ will be chosen in
elections held simultaneously with that of the president of the Republic.
(۲) The term in office of legislators٫ which will be five years٫ will begin on
۱ July. They may be reelected.
(۳) A definite or temporary vacancy at the Chamber of Deputies will be filled
by an alternate member who was elected for the same department of the member
leaving office. A vacancy at the Senate will be filled by an alternate member
included in the list proclaimed by the Electoral Court.
Article ۱۸۸ About the Swearing-In Ceremony
(۱) During the inauguration ceremony at the chambers of Congress٫ senators and
deputies will be administered the oath of office and will pledge to act in
accordance with the provisions of this Constitution.
(۲) None of the two chambers may convene٫ deliberate٫ or adopt decisions
without the presence of an absolute majority of its members. A lesser number in
attendance may٫ however٫ urge all absent members to attend the session under
the terms established by each house.
Article ۱۸۹ About Lifetime Senator-ship
(۱) Former presidents of the Republic who were democratically elected will be
national senators for life٫ except for those who were impeached from office.
(۲) They will not count toward a quorum. They will have the right to speak٫ but
not to vote.
Article ۱۹۰ About Bylaws
Each chamber will draft its own bylaws. By two-thirds majority of its members٫
a chamber may admonish or reprimand any of its members for misconduct in
exercising their functions٫ and it may suspend them for up to ۶۰ days without
pay. By an absolute majority٫ it may remove a member for mental or physical
disability٫ based on a declaration of such condition by the Supreme Court of
Justice. Cases of resignation will be decided by a simple majority vote.
Article ۱۹۱ About Immunities
(۱) No charrrge may be pressed in court against a member of Congress for the
opinions he may have expressed in discharrrging his duties. No senator or
deputy may be arrested from the day of his election until the end of his term٫
unless he is caught in flagante delicto in relation to a crime meriting a
prison sentence. In this case٫ the official intervening will place the
legislator under house arrest and report the arrest to the respective chamber
and to a competent judge immediately٫ to whom he will submit the case files as
soon as possible.
(۲) If a court of law orders a pretrial inquest against a senator or a deputy٫
the presiding judge will send a copy of the case files to the respective
chamber٫ which will examine the merits of the inquest and٫ by a two-thirds
majority vote٫ will decide whether the senator or deputy involved should be
stripped of his immunity in order to stand trial. If the chamber votes against
the legislator٫ it will suspend his immunity so that he may be brought to
trial.
Article ۱۹۲ About Requests for Information
(۱) Each chamber may ask other branches of government٫ as well as autonomous٫
self-supported٫ decentralized companies٫ or public officials٫ to submit reports
on matters of public interest that it deems necessary٫ with the exception of
matters pertaining to jurisdictional activities.
(۲) The affected parties will have to submit the respective report within an
established deadline٫ which will not be under ۱۵ days.
Article ۱۹۳ About Summoning and Interpellation
(۱) Each chamber٫ by an absolute majority٫ may individually summon and
interpellate ministers and other senior administration officials and directors
and directors and administrators of autonomous٫ self-supported٫ or
decentralized
companies٫ as well as directors and administrators of organizations charrrged
with administering state funds and those in which the State is a majority
shareholder٫ when the chamber is discussing a law or is studying a matter
pertaining to their respective activities. The respective questions must be
conveyed to the summoned official at least five days in advance. Except for
those cases in which the summoned individual may claim a legal cause for being
excused٫ it will be mandatory for him to appear before the respective chamber٫
to answer the questions٫ and to provide all the information he has been asked
to give.
(۲) The law will determine the participation of majority and minority blocs in
the formulation of the questions.
(۳) Neither the president of the Republic٫ the vice present٫ nor the members of
the judicial branch may be summoned or interpalled on matters pertaining to
their jurisdictional activity.
Article ۱۹۴ About a Vote of Censure
(۱) If a summoned official fails to appear before the respective chamber٫ or if
this chamber considers his briefing to be unsatisfactory٫ the two chambers٫ by
a two-thirds absolute majority٫ will issue a vote of censure against him and
will recommend that the president of the Republic or the official''s
immediate supervisor remove him from office.
(۲) If a motion of censure is not approved٫ no other motion may be proposed
during that same period of sessions on the same subject with regard to the same
minister or official.
Article ۱۹۵ About Investigating Committees
(۱) Both chambers of Congress may createee joint investigating committees on
any matter of public interest٫ as well as on the conduct of their members.
(۲) Directors and administrators of autonomous٫ self-supported٫ or
decentralized companies٫ those of companies in which the State is a majority
shareholder٫ and those charrrged with administering state funds٫ as well as
public officials and private citizens٫ must appear before the two chambers to
supply the information and documents they are asked to give. The law will
establish sanctions for those failing to comply with this obligation.
(۳) The president of the Republic٫ the vice president٫ cabinet ministers٫ and
judges may not be investigated on matters pertaining to their jurisdiction.
(۴) The activities of congressional investigating committees will not affect
the exclusive powers of the judicial branch nor violate the rights and
guarantees contained in this Constitution. Their conclusions will not be
binding for the courts and will not undermine court decisions. The outcome of
the investigations may٫ however٫ be passed on to the courts.
(۵) The judges will order٫ in accordance with the law٫ those actions and
discovery proceedings that are required for the purpose of the investigation.
Article ۱۹۶ About Incompatibilities
(۱) Advisors of public offices or officials and employees who are on the
payroll of the State or of municipalities٫ irrespective of their position and
the nature of their remuneration٫ may be
elected to a legislative office but cannot exercise legislative functions as
long as their appointment to such positions is in force.
(۲) Part-time teaching and scientific research are exempted from the
incompatibilities established in this article.
(۳) No senator or deputy may participate in companies exploiting services or
holding concessions of the State or serve as a legal advisors or as
representative of such companies٫ either personally or through a proxy.
Article ۱۹۷ About Causes of Ineligibility
(۱) The following cannot be candidates for deputies or senators:
۱. Those sentenced to a prison term by a final court decision until their
prison term ends;
۲. Those who٫ by virtue of a court decision٫ have been disqualified to hold
public office٫ until the period of disqualification ends;
۳. Those who have been sentenced for havinggg committed electoral crimes until
the term established by the sentence ends; ۴. Judges٫ members of the
Attorney General''s Office٫ the Special Government Attorney for Patrimonial
Affairs٫ the Ombudsman٫ the Comptroller General of the Republic٫ the Deputy
Comptroller General٫ and members of the Superior Electoral Court; ۵.
Ministers or clergymen of any religion;
۶. Representatives or proxies of national or foreign companies٫ corporations٫
or organizations that are concessionaires of services for the State or that
administer projects or supply goods to the State;
۷. Police or military personnel on active duty;
۸. Candidates for president or vice president of the Republic; and
۹. Owners or partners of mass media organizations;
(۲) Those affected by the causes for ineligibility described in Sections ۴
through ۷ have until ۹۰ days prior to the registration of electoral slates at
the Superior Electoral Court to remove the ineligibility causes.
Article ۱۹۸ About Relative Ineligibility
Cabinet ministers٫ ministerial under secretaries; presidents of councils;
or general managers of decentralized٫ autonomous٫ self-supported٫ binational or
multinational companies٫ as well as those of companies in which the State is a
majority shareholder; governors; and mayors٫ are ineligible to run for
deputy or senator if they do not resign their posts at least ۹۰ days prior to
the election.
Article ۱۹۹ About Leave of Absence
A senator or deputy will only be granted leave of absence when he is to be
appointed to a ministerial or diplomatic post. In order to exercise these
duties٫ he will have to request a leave of absence form the respective chamber٫
where he may be reinstated as soon as he ends such functions.
Article ۲۰۰ About the Election of Authorities
Each chamber will name its authorities and appoint its employees.
Article ۲۰۱ About the Loss of Congressional Seats
(۱) In addition to those cases described earlier٫ a senator or deputy may lose
his seat in the following cases:
۱. Because of a violation of the causes for ineligibility or incompatibility
established in this Constitution٫ and
۲. Because of tangible evidence of improper use of the influence stemming from
his office.
(۲) Senators and deputies will not be forced to serve mandatory terms in
office.
Article ۲۰۲ About the Duties and Powers of Congress
Congress has the following duties and powers:
۱. To ensure observance of this Constitution and the laws;
۲. To dictate codes and other laws٫ and to amend or repeal them in accordance
with this Constitution;
۳. To establish a division of the territory of the Republic into political
units; as well as regional٫ departmental٫ and municipal organizations;
۴. To legislate on tax matters;
۵. To annually approve the national general budget law;
۶. To dictate the electoral law;
۷. To determine a legal system for the sale or purchase of fiscal٫
departmental٫ or municipal assets;
۸. To issue internal resolutions or agreements and to release declarations
pursuant to its powers;
۹. To approve or to reject treaties or other international agreements signed by
the execccutive branch;
۱۰. To approve or to reject loan agreements;
۱۱. To authorize٫ for a limited period of time٫ concessions for the
exploitation of national or multinational public services or of assets
belonging to the State٫ as well as for the extraction and processing of solid٫
liquid٫ or gaseous minerals;
۱۲. To dictate organizational laws for the administration of the Republic٫ for
the creation of decentralized organizations٫ and for the organization of public
credit;
۱۳. To issue emergency laws in case of public disaster or calamity;
۱۴. To administer the constitutional oath of office to the president of the
Republic٫ to the vice president٫ and to the other officials in accordance with
the provisions of this Constitution;
۱۵. To receive annually from the president of the Republic٫ at the start of
each regular period of sessions٫ a report on the general situation of the
country٫ on its administration٫ and government plans;
۱۶. To accept or to reject the resignation of the president of the Republic or
of the vice president;
۱۷. To agree on٫ or to make appointments as prescribed in this
Constitution and to appoint congressional representatives to serve on other
State organizations;
۱۸. To grant amnesties;
۱۹. To decide on moving the capital of the Republic to another area of the
national territory٫ by an absolute two-thirds majority vote of the members of
each chamber;
۲۰. To approve or reject٫ either partially or totally٫ after hearing the
respective report by the Comptroller General of the Republic٫ the report on the
details and justification of public financial income and expenses related to
the implementation of the budget;
۲۱. To regulate river٫ maritime٫ air٫ and space navigation; and
۲۲. All other powers established in this Constitution.
Section II About the Formation and Approval of Laws
Article ۲۰۳ About Their Origin and Initiative
(۱) A law may be originated by a proposal from a member of either of the
chambers of Congress٫ from the execccutive branch٫ by popular initiative٫ or
by the Supreme Court of Justice٫ under the cases and terms established in this
Constitution and the law.
(۲) Exceptions concerning those laws that are to be exclusively originated by
one chamber or another or by the execccutive branch have been expressly
established in this Constitution.
(۳) Every draft law is to be presented with an exposition of its motives.
Article ۲۰۴ About the Approval and Promulgation of a Law
As soon as a draft law has been approved by the chamber where it originated٫ it
will be immediately submitted to the consideration of the other chamber. If the
other chamber approves it too٫ the draft law will have been passed. If the
execccutive branch approves it too٫ the new law will be promulgated and
published within five days.
Article ۲۰۵ About Automatic Promulgation
Any draft law passed by Congress that was not vetoed or returned by the
execccutive branch to the originating chamber within six working days if it
has less than ۱۰ articles٫ within ۱۲ days of it has ۱۱ to ۲۰ articles٫ or
within ۲۰ days if it has more than ۲۰ articles٫ will be considered to have been
approved. In all cases٫ the law will be considered to have been automatically
promulgated and its publication will be ordered.
Article ۲۰۶ About the Rejection of an Entire Draft Law
When a draft law approved by one chamber is completely rejected by the other٫
it will be returned to the originating chamber for reconsideration. If the
originating chamber passes the draft law again by an absolute majority٫ it will
be sent again to the reviewing chamber٫ which can only reject it again through
a two-thirds absolute majority. If not٫ the draft law will be considered to
have been passed.
Article ۲۰۷ About Procedures for Partially Changing a Draft Law
(۱) A draft law approved by the originating chamber that has been partially
changed by the reviewing chamber will be returned to the originating chamber٫
which may only discuss those changes introduced by the reviewing chamber.
(۲) The following procedures will be observed in these cases:
۱. If the originating chamber concurs with all the changes٫ the draft law will
have been approved.
۲. If the originating chamber rejects all the changes by an absolute majority٫
the draft law will be sent again to the reviewing chamber. If this chamber
reaffirms its changes by the same majority vote٫ the draft law will have been
approved; otherwise٫ the draft law version of the originating chamber will
have been approved.
۳. If some of the changes were accepted and some rejected٫ the draft law will
be returned again to the reviewing chamber٫ which may only discuss the rejected
changes. If the reviewing chamber٫ by an absolute majority vote٫ reaffirms or
withdraws the rejected changes٫ the draft law will have been approved.
(۳) A draft law approved in any of the forms described in this article will be
passed to the execccutive branch for its promulgation.
Article ۲۰۸ About Partial objectttions
(۱) A draft law that has been partially vetoed by the execccutive branch will
be returned to the originating chamber٫ which will study and pass judgment on
the objectttions. If this chamber٫ by an absolute majority٫ overrides the
execccutive veto٫ the draft law will be passed on to the reviewing chamber٫
which will also pass judgment on the objectttions. If the reviewing chamber٫
by the same majority vote٫ also overrides the execccutive veto٫ the original
version of the law will have been approved٫ and the execccutive branch will
have to promulgate it by ordering its publication within five days. If both
chambers fail to agree to override the objectttions٫ the respective draft law
cannot be reconsidered during that period of sessions.
(۲) The execccutive branch objectttions may be totally or partially accepted
or rejected by the two chambers. If they were totally or partially accepted٫
the two chambers may decide٫ by an absolute majority٫ to approve the
unquestioned portion of the draft law٫ which will then have to be promulgated
by the execccutive branch.
(۳) The originating chamber will have to consider these objectttions within ۶۰
days. The reviewing chamber will also have ۶۰ days.
Article ۲۰۹ About Total objectttion
If a draft law is totally rejected by the execccutive branch٫ it will be
returned to the originating chamber٫ which will discuss it again. If the
originating chamber٫ by an absolute majority٫ reaffirms its earlier approval٫
the draft law will be passed on to the reviewing chamber. If this chamber
approves it too٫ by the same majority٫ the execccutive branch will have to
promulgate it within five working days and will order its publication. If the
two chambers fail to agree to override the total rejection٫ that draft law
cannot be considered again during that period of sessions.
Article ۲۱۰ About Assigning Urgent Status to Draft Laws
(۱) The execccutive branch may request that some of the draft laws it submits
to Congress be discussed urgently. In these cases٫ these draft laws will be
considered by the originating chamber within ۳۰ days of receipt٫ and the
reviewing chamber will also have ۳۰ days. The draft law will be considered to
have been approved if it was not rejected within the above deadline.
(۲) The execccutive branch may at any stage of the congressional process
havinggg submitted a draft law ask Congress to consider it urgently. In these
cases٫ the above deadline will be computed from the time of receipt of the
request by the execccutive branch.
(۳) Either chamber may٫ by a two-third majority٫ revoke the urgent status of
the draft law at any time and order that regular procedures be followed from
there on.
(۴) The execccutive branch may ask Congress to assign urgent status to only
three draft laws during a regular period of legislative sessions٫ except when
the originating chamber٫ by a two-thirds majority٫ agrees to assign urgent
status to more draft laws.
Article ۲۱۱ About Automatic Approval
If a draft law submitted to either chamber was approved by the originating
chamber during its period of regular sessions٫ the draft law will then be
passed to the reviewing chamber٫ which will have to consider it within the
preemptory term of three months. Once elapsed٫ and after the president of the
originating chamber has sent written notification to his counterpart of the
reviewing chamber٫ it will be assumed that the reviewing chamber has approved
the draft law٫ which will thus be passed to the execccutive branch for
promulgation and publication. The computation of the above term will be
suspended from ۲۱ December to ۱ March. The reviewing chamber may consider the
draft law during the next regular period of session starting on ۱ March٫ as
long as it can complete the entire process within the established preemptory
term of three months.
Article ۲۱۲ About the Withdrawal or Renouncement of a Draft Law
The execccutive branch may withdraw or renounce those draft laws it has
submitted to Congress٫ except when they have already been approved by the
originating chamber.
Article ۲۱۳ About Publication
A law is not enforceable until it is promulgated and published. If the
execccutive branch fails to promulgate and publish the law in accordance with
the terms and conditions established in this Constitution٫ the president of
Congress or the president of the Chamber of Deputies will promulgate it and
order its publication.
Article ۲۱۴ About Formulas
The formula used to approve a law is: "The Paraguayan National Congress hereby
approves with the force of law." The formula to be used to promulgate them is:
"Be it enacted as a law of the Republic; Be it published and registered at
the Official Record."
Article ۲۱۵ About Powers Delegated to Committees
(۱) Each chamber٫ by an absolute majority vote٫ may delegate to committees the
discussion of draft laws٫ resolutions٫ or declarations. By a simple majority
vote it may withdraw them at any time prior to the approval٫ rejection٫ or
sanction by the committee.
(۲) Neither chamber may delegate the discussion of the National General Budget٫
codes٫ international treaties٫ draft laws on taxes or military matters٫ draft
laws pertaining to the organization of the governmental branches٫ or those
originated by popular initiative.
Article ۲۱۶ About the National General Budget
(۱) The execccutive branch will submit to Congress by no later than ۱
September each year a draft law on the National General Budget٫ and Congress
must consider it an absolute priority. A bicameral committee will be createeed
that٫ upon receipt of the draft law٫ will study it and file reports to the
respective chambers in no later than ۶۰ days. Upon receipt of these reports٫
the Chamber of Deputies will begin to study the draft law in plenary sessions
and will have to make its decision within ۱۵ consecutive days. The Senate will
then have an equal period to study the draft law with any changes introduced by
the Chamber of Deputies. If the Senate approves it٫ the draft law will have
been passed. Otherwise٫ the Senate will return the draft law with its
objectttions to the Chamber of Deputies٫ which will pass judgment on those
specific points of disagreement with the Senate within ۱۰ days. Proceedings
will follow the provisions of Article ۲۰۷٫ Sections ۱٫ ۲ and ۳٫ in no case
exeeding a period of ۱۰ consecutive days.
(۲) All the deadlines established in this article are of preemptory nature٫ and
any failure to consider any draft law within these deadlines will be
interpreted as approval. The chambers may only totally reject the draft budget
law submitted by the execccutive branch by a two-thirds absolute majority of
each chamber.
Article ۲۱۷ About the Period of Enforcement of the Budget
If the execccutive branch٫ for any reason٫ fails to submit a draft law on the
National General Budget to Congress within the established deadline or if the
draft law has been rejected in accordance with the previous article٫ the
ongoing budget law will continue in force.
Section III About the Congressional Standing Committee
Article ۲۱۸ About Its Composition
(۱) Fifteen days before the summer recess٫ by an absolute majority٫ the Senate
will appoint six members and three alternate members٫ and the Chamber of
Deputies will appoint ۱۲ members and six alternate members to serve on the
Congressional Standing Committee٫ which will exercise its functions from the
start of the summer recess to the day of resumption of regular sessions.
(۲) The members of the Standing Committee will convene and appoint a president
and other authorities and will notify in writing the other branches of
government.
Article ۲۱۹ About Its Duties and Powers
The congressional Standing Committee has the following duties and powers:
۱. To safeguard the Constitution and the law;
۲. To dictate its own bylaws;
۳. To call preparatory sessions of the two chambers to ensure that the opening
of the annual period of sessions is held on time;
۴. To call and to organize special sessions of the two chambers٫ in accordance
with the provisions of this Constitution;
۵. To authorize the president of the Republic٫ during the congressional recess
period٫ to leave the national territory in those cases established in this
Constitution; and
۶. Other duties and powers established in this Constitution.
Article ۲۲۰ About Final Reports
At the end of its tenure٫ the Congressional Standing Committee will submit a
final report on its activities to each chamber٫ before which it will be liable
for the measures it may have adopted or authorized.
Section IV About the Chamber of Deputies
Article ۲۲۱ About Its Composition
(۱) The Chamber of Deputies will bear the departmental representation. It will
consist of at least ۸۰ members and ۸۰ alternate members٫ who will be elected
directly by the people in departmental electoral districts. The City of
Asuncion will be an electoral district with representation at the Chamber of
Deputies. Each department will be represented by at least one member and one
alternate member. Before each election٫ and taking into account the number of
voters in each department٫ the Superior Electoral Court will determine the
number of Seats to which each department will be entitled. As the number of
voters increases٫ the number of deputies may be increased accordingly٫ by law.
(۲) To be eligible to be a deputy or alternate deputy٫ a person must be a
natural Paraguayan citizen who is at least ۲۵ years old.
Article ۲۲۲ About the Exclusive Powers of the Chamber of Deputies
The Chamber of Deputies has the following exclusive powers:
۱. To initiate the consideration of draft laws concerning departmental or
municipal legislation;
۲. To appoint or propose the appointment of magistrates and officials٫ in
accordance with the provisions of this Constitution and the law;
۳. To agree to State intervention in departmental or municipal governments;
and
۴. Other exclusive powers established in this Constitution.
Section V About the Chamber of Senators
Article ۲۲۳ About Its Composition
(۱) The Senate will consist of ۴۵ members and at least ۳۰ alternate members٫
who will be elected directly by the people in one national district. As the
number of voters increases٫ the number of senators may be increased
accordingly٫ by law.
(۲) To be eligible to be a senator or alternate senator٫ a person must be a
natural Paraguayan citizen who is at least ۳۵ years old.
Article ۲۲۴ About the Exclusive Powers of the Senate
The Senate has the following exclusive Powers:
۱. To initiate the consideration of draft laws concerning the approval of
treaties and international agreements;
۲. To agree to promotions within the military and National Police forces from
the rank of Army colonel or its equivalent in other military branches and
services or from the rank of police inspector [comisario principal] in the
National Police;
۳. To agree to the appointment of ambassadors and ministers plenipotentiary
serving abroad;
۴. To appoint or propose the appointment of magistrates and officials in
accordance with this Constitution;
۵. To authorize the departure abroad of permanent Paraguayan military forces٫
as well as the entry into the country of foreign military troops;
۶. To agree to the appointment of the president and the members of the board of
directors of the Paraguayan Central Bank;
۷. To agree to the appointment of Paraguayan directors of binational
enterprises; and
۸. Other exclusive powers established by this Constitution.
Section VI About Impeachment
Article ۲۲۵ About Procedures
(۱) The president of the Republic٫ the vice president٫ cabinet ministers٫
justices of the Supreme Court of Justice٫ the attorney general٫ the public
defender٫ the comptroller and the deputy comptroller general of the Republic٫
and members of the Superior Electoral Court may be forced to undergo
impeachment proceedings for malfeasance in office٫ for crimes committed in
office٫ or for common crimes.
(۲) The Chamber of Deputies٫ by a two-thirds majority٫ will press the
respective charrrges. The Senate٫ by a two-thirds absolute majority٫ will
conduct a public trial of those charrrged by the Chamber of Deputies and٫ if
appropriate٫ will declare them guilty for the sole purpose of removing them
from office. In cases in which it appears that common crimes have been
committed٫ the files on the respective impeachment proceedings will be referred
to a competent court.
Chapter II About the execccutive Branch
Section I About the President and Vice President of the Republic
Article ۲۲۶ About the Exercise of the execccutive Branch
The powers of the execccutive branch are exercised by the president of the
Republic.
Article ۲۲۷ About the Vice President
The vice president of the Republic will immediately assume all presidential
powers in case of disability or temporary absence of the president or of the
permanent vacancy of the presidential office.
Article ۲۲۸ About Requirements
To become president or vice president of the Republic٫ one must:
۱. Be a natural Paraguayan national;
۲. Be at least ۳۵ years old; and
۳. Fully exercise one''s civil and political rights.
Article ۲۲۹ About the Duration of the Presidential Term
The president and vice president of the Republic will be in office for the
unpostponable term of five year٫ which will be computed from ۱۵ August
following the presidential election. They can in no way be reelected. The vice
president is eligible to become president in the next term if he has resigned
from office six months prior to the general election. Those who have held the
office of president for more than ۱۲ months are ineligible to run for vice
president of the Republic.
Article ۲۳۰ About Presidential Elections
The president and vice president of the Republic will be elected jointly and
directly by the people٫ by a simple majority of voters٫ in general elections
held between ۹۰ and ۱۲۰ days prior to the expiration of the ongoing
constitutional term.
Article ۲۳۱ About Cases of Non-assumption of office
If the president-elect and vice president have not been proclaimed in the
manner established in this Constitution in time for the date set for the
inauguration٫ or if the elections have been nullified٫ the outgoing president
will turn the government over to the Chief Justice of the Supreme Court٫ who
will hold the presidential office until the inauguration. During this period
the Chief Justice will take a leave of absence from his judicial duties.
Article ۲۳۲ About the Inauguration into Office
The president and vice president of the Republic will take the oath of office
before Congress٫ pledging to comply faithfully and patriotically with their
constitutional functions. If on the day set for the inauguration Congress fails
to have a legal quorum٫ the swearing-in ceremony will be held before the
Supreme Court of Justice.
Article ۲۳۳ About Leave of Absence
(۱) The president of the Republic٫ or any official acting in this capacity٫ may
not leave the country without giving prior notification to Congress and to the
Supreme Court of Justice. If his absence is for more than five days٫
authorization from the Senate will be required. During periods of congressional
recess٫ the Congressional Standing Committee will grant the respective
authorization.
(۲) Under no circumstances will the president or the vice president of the
Republic simultaneously leave the national territory.
Article ۲۳۴ About the Presidential Succession
(۱) In case of disability or absence of the president of the Republic٫ he will
be replaced by the vice president. If the vice president is also unavailable٫
the order of succession will be as follows: the Senate president٫ the Chamber
of Deputies president٫ and the Supreme Court chief justice.
(۲) The vice president-elect will assume the presidential office if left vacant
before or after the proclamation of the president-
elect and will hold the office until the end of the constitutional term.
(۳) If the office of vice president is left permanently vacant during the first
three years of the constitutional term٫ an election will be held to fill it. If
the vacancy occurred during the last two years of the term٫ Congress – by an
absolute majority vote – will designate a vice president to complete the
remainder of the term.
Article ۲۳۵ About Causes for Ineligibility
(۱) The following are ineligible to run as candidates for president or vice
president of the Republic:
۱. Cabinet ministers٫ vice ministers٫ under secretaries or officials of
equivalent rank٫ directors general of public offices and presidents of
councils; directors٫ managers٫ or general administrators of decentralized٫
self-supporting٫ autonomous٫ binational٫ or multinational state-owned
companies٫ or those in which the State is a majority shareholder;
۲. Judges and members of the Attorney General''s Office;
۳. The Public Defender٫ the Comptroller and Deputy Controller General of the
Republic٫ the Special Government Attorney for Patrimonial Affairs٫ the
president of Council for Magistrates٫ and members of the Superior Electoral
Court;
۴. Representatives or proxies of national or foreign companies٫ corporations or
organizations that are concessionaires of services for the State or that
execccute projects or supply goods to the State;
۵. Ministers or clergymen of any religion;
۶. Mayors and governors;
۷. Active duty personnel of the Armed Forces or of the National Police٫ except
for those who retire at least one year prior to the day of election;
۸. Owners or partners of communications media organizations; and
۹. The spouse٫ blood relatives tot he fourth degree٫ or relatives
by marriage to the second degree of the incumbent president or any who has held
the presidential office for any length of time during the year preceding that
of the election.
(۲) In those cases falling under Section ۱٫ ۲٫ ۳٫ and ۶ of this article٫ the
affected parties must resign and leave their respective offices at least six
months before the day of the election٫ except for cases in which the vice
presidency has been left permanently vacant.
Article ۲۳۶ About Causes of Ineligibility Through Violation of the Constitution
Military or civilian leaders of a coup d''etat٫ armed revolution٫ or similar
movement aimed at disrupting the order established by this Constitution٫ who
may eventually become president or vice president of the Republic٫ cabinet
minister٫ or hold a military post requiring a senior rank٫ will be ineligible
for any public office for two consecutive constitutional terms٫ in addition to
their respective civil liability or criminal responsibility.
Article ۲۳۷ About Incompatibilities
During their tenure٫ neither the president nor the vice president of the
Republic may hold any other public or private office٫ whether remunerated or
not. They must exclusively engage in their presidential functions and may not
engage in any trade or industrial or professional activity of any kind.
Article ۲۳۸ About the Duties and Powers of the President of the Republic
The president of the Republic has the following duties and powers:
۱. To represent the State and generally administer the country;
۲. To observe and enforce this Constitution and the law;
۳. To participate in the formation of laws in accordance with this
Constitution٫ to promulgate and order their publication٫ to regulate them٫ and
to ensure their enforcement;
۴. To veto٫ either totally or partially٫ laws approved by Congress through
observations or objectttions he may deem appropriate;
۵. To issue decrees that٫ in order to be valid٫ must be countersigned by the
respective minister;
۶. To appoint or remove cabinet ministers٫ the Governmental Special Attorney
for Patrimonial Affairs٫ and other public officials whose appointment or tenure
is not otherwise regulated by this Constitution or the law;
۷. To oversee the foreign relations of the Republic. In case of foreign
aggression he will declare – havinggg first been authorized by Congress – a
State of National Defense or make efforts to seek peace٫ to negotiate and sign
international treaties٫ to receive heads of foreign diplomatic missions and
accredit their consuls٫ and to appoint ambassadors with the concurrence of the
Senate;
۸. At the start of every period of sessions٫ to tell Congress about the
activities of the execccutive branch٫ to report on the general situation of
the Republic٫ and to explain future governmental plans;
۹. As commander in chief of the Armed Forces٫ a post that he cannot delegate٫
he will٫ according to the legal provisions٫ issue
military regulations and dispose of the Armed Forces٫ organize and distribute
them. He will appoint and remove the commanders of the Public Force٫ adopt the
necessary measures for national defense٫ and٫ by the powers vested upon him٫
grant military ranks to members of all branches up to the colonel or its
equivalent and٫ with the concurrence of the Senate٫ award higher military
ranks;
۱۰. Based on reports by the Supreme Court of Justice٫ he may pardon or commute
sentences imposed by the judges or courts of the Republic;
۱۱. To call special sessions of Congress٫ either chamber at a time or both at
the same time٫ in which case each chamber will consider only those issues
submitted for its consideration;
۱۲. To propose draft laws to Congress and request that some draft laws be
considered on an urgent basis in accordance with the provisions of this
Constitution;
۱۳. To order the collection and investment of the revenues of the Republic in
accordance with the National General Budget and with the laws and to give an
annual report to Congress on the implementation of the budget;
۱۴. To prepare and to submit to the two chambers the annual draft of the
National General Budget;
۱۵. To ensure that the measures ordered by authorities createeed under this
Constitution are observed; and
۱۶. Other duties and powers established by this Constitution.
Article ۲۳۹ About the Duties and Powers of the Vice President of the Republic
The vice president of the Republic has the following duties and powers:
۱. To immediately replace the president of the republic in those cases
described by this Constitution;
۲. As designated by the President of the Republic to represent him both
domestically and internationally with full presidential prerogatives; and
۳. To participate in the deliberations of the Council of Ministers and to
coordinate relations between the execccutive and legislative branches.
Section II About Cabinet Ministers and the Council of Ministers
Article ۲۴۰ About Ministerial Function
The conduction and management of public business is entrusted to ministers of
the execccutive branch٫ whose number and functions are determined by the law.
During the temporary absence of a minister٫ he will be replaced by a vice
minister of his area.
Article ۲۴۱ About Requirements٫ Compatibility٫ and Immunity
To become a minister٫ one must meet requirements to become a deputy. Ministers
are also affected by the same causes for incompatibility affecting the
president of the Republic٫ except that they may hold a teaching job. Ministers
cannot be deprived of their freedom٫ except when they are involved in cases
similar to those when members of Congress are not protected by their immunity.
Article ۲۴۲ About the Duties and Powers of Ministers
Ministers are the chief administrators of their respective ministries in which٫
under the leadership of the president of the Republic٫ they promote and
implement policies relating to matters falling within their jurisdiction.
Article ۲۴۳ About the Duties and Powers of the Council of Ministers
(۱) When summoned by the president of the Republic٫ the ministers gather in a
council in order to coordinate the execccutive tasks٫ to set going the policy
of the government and to adopt collective decisions.
(۲) It is the competence of this council:
۱. To deliberate on all affairs of public interest submitted to it by the
president of the Republic٫ in its capacity as a consultative body٫ and to
consider legislative initiatives; and
۲. To periodically publish its resolutions.
Section III About the Office of the Government Attorney for Patrimonial Affairs
Article ۲۴۴ About Its Composition
The office of the Governmental Attorney for patrimonial Affairs will comprise a
government attorney and other officials established by the law.
Article ۲۴۵ About Requirements and Appointments
The Government Attorney for Patrimonial Affairs will have to meet the same
requirements applicable to the Attorney General. He will be appointed and
removed by the president of the Republic. The causes for incompatibility will
be established by law.
Article ۲۴۶. About his Duties and Powers
The Special Government Attorney for Patrimonial Affairs has the following
duties and powers:
۱. To represent and defend٫ both in court and out of court٫ the patrimonial
interests of the Republic;
۲. To issue opinions in cases and for the purposes established in the laws;
۳. To give legal advice to the public administration institutions٫ as
prescribed by the laws; and
۴. Other duties and powers established by the laws.
Chapter III About the Judicial Branch
Section I About General Provisions
Article ۲۴۷ About its Function and Composition
The judicial branch is the guardian of the Constitution. It interprets the
Constitution٫ complies with it٫ and orders its enforcement. The judicial branch
is in charrrge of administering justice. It is exercised by the Supreme Court
of Justice٫ and by appellate and lower courts as established by this
Constitution and the laws.
Article ۲۴۸ About the Independence of the Judicial Branch
(۱) The independance of the judicial branch is guaranteed. Only the judicial
branch may hear and decide on conflictive cases.
(۲) In no case will members of other branches of government or other officials
claim to have judicial powers other than those expressly established by this
Constitution٫ nor can they reopen closed cases٫ paralyze existing ones٫ or
interfere in any way with ongoing court cases. Acts of this nature are
completely null. This will not preclude٫ however٫ solutions through arbitration
on cases falling within the framework of private law٫ following the procedures
established by law to ensure the right to defense and equitable solutions.
(۳) Those who seek to curtail the independence of the judicial branch will be
ineligible to hold public office for five consecutive years٫ in addition to
other penalties established by the law.
Article ۲۴۹ About Budgetary Independence
(۱) The judicial branch will have its own budget. The National General Budget
will allocate the judicial branch an amount that will not be lower than ۳
percent of the central government''s budget.
(۲) The judicial branch budget will be approved by Congress and the Comptroller
General will verify all its expenses and investments.
Article ۲۵۰ About Swearing-In Ceremonies
Justices of the Supreme Court of Justice will take the oath of office before
Congress. All other judges will be sworn in before the Supreme Court of
Justice.
Article ۲۵۱ About Appointments
Members of appellate or lower courts of the Republic will be appointed by the
Supreme Court of Justice from a list of three candidates proposed by the
Council for Magistrates.
Article ۲۵۲ About the Irremovability of Judges
(۱) A judge is irremovable from his post٫ seat٫ or rank during the term for
which he has been appointed. He cannot be transferred or promoted without his
prior٫ express consent. He is appointed for a five-year term٫ which begins on
the day of his appointment.
(۲) Any judge confirmed for two terms following the term of his appointment
will be irremovable from his post until he reaches the mandatory retirement age
for justices of the Supreme Court of Justice.
Article ۲۵۳ About the Trial and Removal of Judges
Judges will be tried and removed from office for crimes or malfeasance in
office٫ as described in law through a decision of a Trial Jury For Magistrates.
The jury will consist٫ on an ad hoc basis٫ of two justices of the Supreme Court
of Justice٫ two members of the Council for Magistrates٫ and two senators and
two deputies who must be attorneys. The functioning of the Trial Jury for
Magistrates will be regulated by law.
Article ۲۵۴ About Incompatibilities
While in office٫ judges may not hold another public or private office٫ whether
remunerated or not٫ with the exception of part-
time teaching or scientific research. They may not exercise any trade٫
industrial or professional activity٫ or hold any office in other official or
private organizations٫ parties٫ or political associations or movements.
Article ۲۵۵ About Immunities
No judge can be accused or interrogated in court for the opinions he may have
expressed in the discharrrge of his duties. He will not be detained or
arrested unless he is caught in flagrante delicto in relation to a crime
meriting a prison sentence. In this case٫ the official intervening in the case
will place the judge under house arrest٫ immediately report the case to the
Supreme Court of Justice٫ and submit the case files to the competent judge.
Article ۲۵۶ About Court Procedures
(۱) Court procedure will be orally and publicly held in the manner and to the
extent established by law.
(۲) Every court ruling must be based on this Constitution and the law. Court
rulings may be freely criticized.
(۳) Labor proceedings will be orally held and will be based on the principles
of expeditiousness٫ economy٫ and concentration.
Article ۲۵۷ About the Obligation To Cooperate With Justice
State organizations must be subordinated to the dictates of the law٫ and State
officials must give each court every cooperation they may require.
Section II About the Supreme Court of Justice
Article ۲۵۸ About Its Composition and Requirements
(۱) The Supreme Court of Justice consists of nine members. It is organized in
chambers٫ one of which will hear constitutional matters. Every year٫ the
members of the Supreme Court will elect one of the justices as their president.
Members of the Supreme Court will have the title of minister.
(۲) To become a member of the Supreme Court of Justice٫ one must have natural
Paraguayan nationality٫ be ۳۵ years old٫ hold a doctorate in law٫ and enjoy an
honorable reputation. Additionally٫ one must have practiced law٫ held a court
office٫ or held a teaching job at a law school for at least ۱۰ years٫ either
jointly٫ separately٫ or successively.
Article ۲۵۹ About Its Duties and Powers
The Supreme Court of Justice has the following duties and powers:
۱. To supervise every judicial branch organization and to decide٫ on an
unappealable basis٫ conflicts of jurisdiction and competence٫ in accordance
with the law;
۲. To issue its own bylaws and to submit an annual report to the legislative
and execccutive branches on its activities٫ as well as on the status٫ and
needs of the judicial system;
۳. To hear and decide the appeals established by law;
۴. To hear and decide habeas corpus petitions with original jurisdiction٫
without detriment to the jurisdiction of other judges and courts;
۵. To hear and decide cases of unconstitutionality;
۶. To hear and decide on final sentences by virtue of its reviewing power in
the manner and to the extent established by law;
۷. Acting on its own or at the request of the Trial Jury for Magistrates٫ by an
absolute majority of its members٫ it will preventively suspend those judges who
are standing trial until a final decision is reached on their case;
۸. To supervise detention centers and prisons;
۹. To hear cases involving conflicts of jurisdiction between the execccutive
branch and departmental governments٫ or between departmental and municipal
governments; and
۱۰. Other powers established by this Constitution and the law.
Article ۲۶۰ About the Duties and Powers of the Constitutional Chamber
The Constitutional Chamber has the following duties and powers:
۱. To hear and resolve cases involving the unconstitutionality of the laws and
of other related instruments٫ declaring inapplicability for each specific case
of a legal provision that is contrary to this Constitution through rulings that
will only affect the case in question; and
۲. To decide on unconstitutionality of final or interlocutory decisions٫
nullifying those that contradict this Constitution.
Petitions of unconstitutionality may be filed directly before the
Constitutional Chamber or by way of defense before any other court and at any
moment during a case. In such cases٫ the respective files will be submitted to
the Supreme Court.
Article ۲۶۱ About the Removal and Retirement of Supreme Court Justices
Justices of the Supreme Court of Justice may be removed only through
impeachment. Their mandatory retirement age is ۷۵.
Section III About the Council for Magistrates
Article ۲۶۲ About Its Composition
(۱) The Council for Magistrates consists of:
۱. A member of the Supreme Court of Justice who has been designated by this
Court;
۲. A representative of the execccutive branch;
۳. A senator and a deputy٫ chosen by their respective chambers;
۴. Two practicing attorneys٫ chosen by their colleagues in a direct election;
۵. A law professor at the Law Faculty of the National University٫ chosen by his
colleagues; and
۶. A law professor of a private law faculty that must have been functioning for
at least ۲۰ years٫ chosen by his colleagues;
(۲) The laws will regulate the appropriate systems of elections.
Article ۲۶۳ About Requirements and Duration Term of Office
(۱) The members of the Council for Magistrates must meet the following
requirements: One must hold Paraguayan nationality٫ be at least ۳۵ years old٫
have the university degree of a lawyer٫ and٫ for at least ۱۰ years٫ have been a
practicing attorney or a law professor or have held a court office٫ whether
simultaneously٫ separately٫ or successively.
(۲) The council lasts three years and its members will enjoy the same
immunities applicable to the justices of the Supreme Court. Incompatibilities
will be established by law.
Article ۲۶۴ About Duties and Powers
The Council for Magistrates has the following duties and powers:
۱. To propose a list of three candidates – selecttted on the basis of their
abilities٫ qualifications٫ and merits – for each seat of the Supreme Court of
Justice٫ and to submit such lists to the Senate٫ which will appoint said
justices with the concurrence of the execccutive branch;
۲. To propose a list of three candidates٫ following the above selectttion
criteria and guidelines٫ for each member of appellate and lower courts٫ as well
as for members of the Attorney General''s Office;
۳. To draft its own bylaws; and
۴. Other duties and powers established in this Constitution and the law.
Article ۲۶۵ About the Court of Audit and Auxiliary Courts and Organizations
(۱) The Court of Audit is hereby established. Its composition and jurisdiction
will be established by law.
(۲) The structure and functions of the other judicial courts and auxiliary
organizations٫ as well as of the judicial school٫ will be established by law.
Section IV About the Attorney General''s Office
Article ۲۶۶ About Its Composition and Functions
The Attorney General''s Office represents society before the State
jurisdictional organizations. It enjoys functional and administrative
independence in discharrrging its duties and in exercising its powers. It is
exercised by the Attorney General
and by state attorneys as established by law.
Article ۲۶۷ About Requirements
To become Attorney General it is required to hold Paraguayan nationality٫ to be
at least ۳۵ years of age٫ have the university degree of a lawyer٫ and٫ for at
least five years٫ have been a practicing lawyer or a law professor or have held
a court office; whether simultaneously٫ separately٫ or successively. The
Attorney General has the same limitations and immunities as judges.
Article ۲۶۸ About Duties and Powers
The Attorney General''s Office has the following duties and powers:
۱. To safeguard respect for the law and for constitutional guarantees;
۲. To exercise public criminal action to defend the property of the public and
society٫ the environment٫ or other general interests٫ as well as the rights of
Indian people;
۳. To exercise criminal action in those cases in which the law does not require
the affected party to press charrrges to start a prosecution. This will not
preclude٫ however٫ the court or judge from acting ex officio٫ in accordance
with the law;
۴. To obtain information from public officials in order to adequately
discharrrge its functions; and
۵. Other duties and powers established by law.
Article ۲۶۹ About Election and Term of Office [of the Attorney General]
The Attorney General is irremovable from office. His term will last five years
and he may be reelected. He is appointed by the execccutive branch with the
concurrence of the Senate from a list of three candidates proposed by the
Council for Magistrates.
Article ۲۷۰ About State Attorneys
State attorneys are appointed following the procedures established in this
Constitution for the appointment of judges. Their term in office٫ as well as
procedures for their removal٫ are also the same to those applicable to judges.
Additionally٫ they have the same limitations and immunities established for
judges.
Article ۲۷۱ About Installation Ceremonies
The Attorney General will take the oath of office before the Senate٫ while
State attorneys will do so before the Supreme Court of Justice.
Article ۲۷۲ About a Judicial Police Body
The law may createee a judicial police body٫ subordinated to the judicial
branch٫ which will cooperate directly with the Attorney General''s Office.
Section V About Electoral Justice
Article ۲۷۳ About Its Jurisdiction
(۱) The calling of general٫ departmental٫ or municipal elections٫ as well as
the judgment٫ organization٫ direction٫ and supervision of matters and actions
related to elections٫ fall exclusively within the jurisdiction of the electoral
courts.
(۲) Electoral courts also have jurisdiction over matters stemming from any type
of popular consultation٫ as well as over elections in the way political parties
and movements function.
Article ۲۷۴ About Its Composition
Electoral justice consists of a Superior Electoral Court٫ lower courts٫ and
state attorneys٫ as well as other organizations to be established by law٫ which
will determine its organization and functions.
Article ۲۷۵ About the Superior Electoral Court
(۱) The Superior Electoral Court will consist of three members who may be
elected or removed following procedures established for the justices of the
Supreme Court of Justice.
(۲) To be a member of the Superior Electoral Court one will have to meet the
following requirements: be a Paraguayan citizen٫ be at least ۳۵ years of age٫
hold a law university degree٫ and٫ for at least ۱۰ years٫ have been a
practicing lawyer or a law professor or have held a court office٫ whether
simultaneously٫ separately٫ or successively.
(۳) The laws will establish those cases in which its decisions may be brought
before the Supreme Court of Justice٫ which will decide the appeal following
summary proceedings.
Chapter IV About Other State Organizations
Section I About the Public Defender
Article ۲۷۶ About the Public Defender
The Public Defender is a congressional commissioner charrrged with defending
human rights٫ with channeling popular complaints٫ and with protecting community
interests. In no case will he perform any judicial or execccutive function.
Article ۲۷۷ About His Autonomy٫ Appointment٫ and Removal
The public Defender is both autonomous and irremovable. He will be appointed by
a two-thirds majority of the Chamber of Deputies from a list of three
candidates proposed by the Senate. He will serve a five-year term٫ which will
coincide with the congressional term. He may be reelected. He may also be
removed for malfeasance in office following the impeachment proceedings
established in this Constitution.
Article ۲۷۸ About Requirements٫ Limitations٫ and Immunities
The Public Defender must meet the requirements applicable to deputies. He will
be liable to the same limitations and immunities as judges. During his tenure٫
he may not hold any
governmental office or engage in any type of political activity.
Article ۲۷۹ About his Duties and Powers
The Public Defender has the following duties and powers:
۱. To receive and to investigate reports or complaints of human rights
violations٫ as well as other actions as established by this Constitution and
the law.
۲. To obtain information from officials at all levels٫ including police and
security organizations in general٫ without any kind of restrictions٫ so that he
may adequately discharrrge his functions. He will have access to places where
human rights violations have been reported. He may also act ex officio;
۳. To publicly criticize behavior or actions that are contrary to human rights;
۴. To submit an annual report on his activities to the two chambers of
Congress;
۵. To prepare and to communicate reports on the status of those human rights
that٫ in his opinion٫ require urgent public attention; and
۶. Other duties and powers established by law.
Article ۲۸۰ About the Regulation of his Functions
The functions of the Public Defender will be regulated by law to ensure his
efficiency. Departmental or municipal defenders may be appointed.
Section II About the Comptroller General of the Republic
Article ۲۸۱ About Its Nature٫ Its Composition٫ and Terms
(۱) The Office of the Comptroller General of the Republic is charrrged with
supervising State٫ departmental٫ and municipal economic and financial
activities in the manner established by this Constitution and the law. It will
enjoy functional and administrative autonomy.
(۲) The office will consist of a comptroller and a deputy comptroller٫ who will
be Paraguayan citizens٫ at least ۳۰ years old٫ who are graduates in law٫
economics٫ business administration٫ or accounting. Each of them will be
appointed by the Chamber of Deputies٫ by an absolute majority٫ from a list of
three candidates proposed٫ also by absolute majority٫ by the Senate.
(۳) The term of office will be five years٫ and their term will not coincide
with that of the president of the Republic. They may be confirmed in their post
for one additional term٫ following the above procedures. During their tenure٫
they can be removed only for havinggg committed a crime or for malfeasance in
office.
Article ۲۸۲ About Reports and Opinions
In his capacity as the chief administrator of the State٫ the president of the
Republic will send – within f our months into the next year – a report on the
implementation of the budget of the previous year. Within the next four months
the comptroller will submit his own report and opinion to Congress so that the
two chambers may consider it.
Article ۲۸۳ About Duties and Powers
The Comptroller General of the Republic has the following duties and powers:
۱. To control٫ monitor٫ and supervise public property and the assets of the
State٫ of regional or departmental organizations٫ of municipalities٫ of the
Central Bank or other state-owned or mixed banks٫ of autonomous٫
self-supported٫ or decentralized state-owned companies٫ and those of stet-owned
or mixed companies;
۲. To control the implementation of٫ and prepare the final report on٫ the
National General Budget;
۳. To control the implementation of٫ and the final report on٫ the budgets of
all of the organizations mentioned in Section ۱ of this article and to review
accounts٫ funds٫ or inventories;
۴. To supervise the national accounts of multinational companies or agencies in
which the State may own a share of capital assets٫ whether directly or
indirectly٫ in accordance with the provisions of the respective treaties;
۵. To request reports on fiscal and property management from any individual or
public٫ mixed٫ or private company managing State funds or assets or public
services٫ from regional or departmental organizations٫ and from municipal
governments٫ all of which must make available to him all documents and papers
required from him to adequately discharrrge his duties;
۶. To receive sworn statements on assets by public officials٫ to establish
registries for such statements٫ and to issue opinions on the equivalence
between the statement on assets a public official signs upon his installation
and the one he signs at the end of his tenure.
۷. To report to the courts and to the execccutive branch on crimes that have
come to his attention by reason of his specific activities٫٫ and he will be
held liable٫ on omission or distortion charrrges٫ along with those
organizations submitted to his control٫ if these organizations acted
deficiently or negligently; and
۸. Other duties and powers established by this >Constitution and the law.
Article ۲۸۴ About Immunities٫ Limitations٫ and Removal
The comptroller and deputy comptroller will have the same immunities and
limitations prescribed for judges. They may be removed only through impeachment
proceedings.
Section III About the State Central Bank
Article ۲۸۵ About the Nature٫ Duties٫ and Powers of the Central Bank
A State Central Bank٫ which will be a technical organization٫ is hereby
established. It will be exclusively charrrged with issuing currency and٫ in
accordance with the objectttives of the national government'' economic
policy٫ will participate with other State technical organizations in
formulating monetary٫ credit٫ and foreign currency exchange policies. The State
Central Bank will be responsible for the implementation and development of
these policies and for preserving monetary stability.
Article ۲۸۶ About Prohibitions
The State Central Bank is hereby prohibited from:
۱. Issuing loans٫ either directly or indirect٫ to finance unbudgeted public
expenses٫ except for:
a) Short-term advances to budget tax revenues for the respective year; and
b) In case of a national emergency٫ through a substantiated resolution of the
execccutive branch with the Senate''s concurrence;
۲. To make any decisions that may establish٫ either directly or indirectly٫
different or discriminatory rules or requirements for individuals٫
institutions٫ or organizations engaging in operations of a similar nature;
and
۳. To operate with individuals or organizations outside the national or
international financial or monetary system.
Article ۲۸۷ About Its Organization and Functions
(۱) The law will regulate the organization and functions of the State Central
Bank and٫ within the limits established by this Constitution.
(۲) The State Central Bank will report to the execccutive branch and to
Congress on the implementation of the policies entrusted to it.
Title III About the State of Exception
Article ۲۸۸ About Its Declaration٫ Causes٫ Enforcement٫ and Terms
(۱) In case of an armed international conflict٫ whether formally declared or
not٫ or of a serious internal commotion that imposes an immanent threat to this
Constitution or to the regular functioning of the organizations createeed by
it٫ Congress or the execccutive branch may declare a state of exception٫ in
part or in all of the national territory٫ for a maximum of ۶۰ days. In the case
the execccutive branch makes this kind of declaration٫ Congress will have to
approve it or reject it within ۴۸ hours.
(۲) The ۶۰-day deadline may be extended by successive periods of ۳۰ days by an
absolute majority of the two houses.
(۳) During a period of congressional recess٫ the execccutive branch may
declare a state of exception only once and for no more than ۳۰ days٫ but it
will have to submit its decision to Congress within eight days. Congress٫ which
may approve or reject the declaration٫ will automatically convene in a special
session for the sole purpose of considering the declaration.
(۴) A decree or law declaring a state of exception will contain the reasons or
causes prompting it٫ the duration of the state of exception٫ and the part of
the territory affected٫ as well as the rights that will be restricted.
(۵) During the time of a state of exception is in force٫ the execccutive
branch may order٫ by decree and on a case-by-case basis٫ the following
measures: The detention of people suspected of participating in these events٫
their transfer from one place of territory of the Republic to another٫ as well
as prohibitions or restrictions of public meetings or demonstrations.
(۶) In all these cases٫ a suspect will always have the option to
leave the country.
(۷) The execccutive branch will immediately inform the Supreme Court of
Justice on the status of those detained by virtue of the state of exception and
on their place of detention or banishment٫ in order to make a court inspection
feasible.
(۸) Those detained by virtue of a state of emergency will be held in healthy٫
clean quarters٫ which will be different from those used to house common
criminals٫ or they will be held under house arrest. Banishments will be served
in populated٫ healthy areas.
(۹) A state of exception will not disrupt the functioning of the branches of
government or the provisions of this Constitution٫ particularly that concerning
habeas corpus.
(۱۰) By an absolute majority vote٫ Congress may at any time order the lifting
of a state of exception if it considers that the causes that prompted it have
disappeared.
(۱۱) Within five days of lifting a state of exception٫ the execccutive branch
will inform Congress on the activities it carried out during the state of
exception.
Title IV About Constitutional Reform and Amendments
Article ۲۸۹ About Reforms
(۱) This Constitution may be removed only ۱۰ years after its promulgation.
(۲) Its reform may be requested by ۲۵ percent of the members of any of the two
chambers of Congress٫ by the president of the Republic٫ or by ۳۰٫۰۰۰ voters
through a signed petition.
(۳) By a two-thirds absolute majority vote of its members٫ the two chambers of
Congress may declare the need for constitutional reform.
(۴) Once the need for the reform has been declared٫ the Supreme Electoral Court
will call general elections that must not coincide with any other scheduled
election within a period of ۱۸۰ days.
(۵) The number of members of the National Constituent Assembly will not exceed
the total number of the members of Congress. The causes for their ineligibility
or incompatibility will be established by law.
(۶) Members of a constituent assembly will enjoy the same immunities
established for the members of Congress.
(۷) As soon a s the new Constitution is approved by the National Constituent
Assembly٫ it will be considered to have been automatically promulgated.
Article ۲۹۰ About Amendments
(۱) This Constitution may be amended three years after it has been promulgated٫
at the initiative of one-fourth of the members of any of the two chambers of
Congress٫ of the president of the Republic٫ or of ۳۰٫۰۰۰ voters through a
signed petition;
(۲) The full text of the amendment will٫ have to be approved by an absolute
majority by the originating chamber. A similar procedure will be followed at
the reviewing chamber. If the majority required for its approval is not met in
either of the two chambers٫ it will be considered that the proposed amendment
has been rejected٫ and it may not be proposed again within a period of one
year.
(۳) If the amendment has been approved by the two chambers of Congress٫ the
full text of it will be submitted to the Superior Electoral Court٫ which٫
within a period of ۱۸۰ days will call a referendum. If the outcome of the
referendum is in favor of the amendment٫ it will be considered that it has been
approved and promulgated and considered part of the Constitution.
(۴) If the amendment repeals any provision of the Constitution٫ no amendment
may again be proposed on the same subject for three years.
(۵) The procedures established for the reform of the Constitution٫ rather than
those established for its amendment٫ will be followed with regard to those
provisions affecting the election٫ composition٫ term in office٫ or powers of
any of the three branches of government or the provisions of Chapters I٫ II٫
III and IV of Title II of Part I.
Article ۲۹۱ About the Powers of the National Constituent Assembly
The National Constituent Assembly is independent from the branches of
government. While it is in session٫ it will limit its action to reforming the
Constitution and will refrain from engaging in any other task. It will not
claim for itself the powers of the branches of government٫ and it will neither
replace nor reduce or extend the term in office of incumbent officials.