Constitution of the Republic of Paraguay, 1940
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[edit] CONSTITUTION OF THE REPUBLIC OF PARAGUAY
The Paraguayan Nation, with the aid of Almighty God, Supreme Legislator of the Universe, for the purpose of ensuring justice, preserving domestic tranquility, providing for the national defense, promoting the welfare and progress of the Republic, and making the benefits of liberty lasting for its people, orders, decrees, and establishes this Constitution.
[edit] General Statements
Article 1. Paraguay is and always shall be free and independent, constitutes itself a Republic, one and indivisible, and adopts representative democracy as its form of government.
Article 2. Sovereignty resides essentially in the people, who delegate its exercise to the authorities created by this Constitution.
Article 3. The Roman Catholic Apostolic Religion is the state religion, but other cults not opposed to morality and public order are tolerated. The head of the Paraguayan Church and the bishops must be native citizens.
Article 4. This Constitution, the laws enacted as a result of it, and the treaties concluded with foreign countries constitute the supreme law of the Nation.
Article 5. The City of Asunción is the Capital of the Republic and seat of the powers of the State.
Article 6. The principles, guarantees, obligations, and rights proclaimed by this Constitution may not be altered by the laws that regulate their exercise. Every law, decree, or regulation opposed to its provisions is null and void.
Article 7. Equality is the basis of public service. The Government provides for state expenses out of revenue from taxes, assessments, and levies determined by law; the sale and lease of public lands; the operation of mines; profits from public services and state monopolies; and loans and other credit operations.
Article 8. The goods resulting from national production or manufacture shall move within the territory of the Republic duty-free. Navigation on inland rivers is open to ships of all flags, subject to any regulations issued by the House of Representatives.
Article 9. The Government shall encourage American and European immigration and shall regulate the entry of foreigners into the country.
Article 10. Elementary education is compulsory and free. The Government shall encourage secondary, professional, and university education.
Article 11. Health care for the people, social welfare, and the moral, spiritual, and physical education of youth are fundamental duties of the State.
Article 12. The Government shall seek to strengthen its relations of peace and commerce with foreign nations by means of treaties inspired by the national interest and the principles of public law proclaimed by this Constitution. It shall devote particular attention to the policy of cooperation and solidarity with the peoples of America.
Article 13. In no case shall private interests prevail over the general interest of the Paraguayan Nation. All citizens are obliged to cooperate for the benefit of the State and of the Paraguayan Nation. The law shall determine in what cases they will be obliged to accept public functions, according to their qualifications.
Article 14. The exploitation of man by man is proscribed. In order to secure for every worker a standard of living compatible with human dignity, the system of labor contracts and social security and the safety and health conditions of establishments shall be under the supervision and control of the State.
Article 15. The State shall regulate the national economic life. It alone has the authority to coin or issue money, establish systems of weights and measures, and control trademarks. Combinations tending toward a monopoly of consumer goods, the artificial raising or lowering of prices, or restraints upon free competition shall not be permitted. The manufacture of and traffic in articles harmful to health and good customs are prohibited. The law shall establish penalties for acts in violation of these principles. The State may, by payment of compensation, nationalize public services and monopolize the production, circulation, and sale of basic commodities.
Article 16. The House of Representatives may not grant the Executive Power special powers outside the limits of this Constitution, or supreme authority such that the life, honor, and property of Paraguayans are at the mercy of the Government or of any individual.
Article 17. All higher authorities, officials, and public employees are individually responsible for the misdemeanors and crimes they commit in the performance of their duties, without prejudice to any indirect responsibility of the State that may be fixed by law. In no case may they exercise authority beyond their jurisdiction, and their acts must at all times conform with the law. Strikes by public officials, as well as the collective abandonment of their posts, are prohibited.
Article 18. The custody and defense of the order, sovereignty, territorial integrity, and honor of the Republic, as well as the defense of this Constitution, are entrusted to the Armed Forces of the Nation. The President of the Republic is the Commander in Chief of these forces, but he may delegate actual troop command to a general officer. The Armed Forces of the Nation are organized on a permanent basis.
[edit] Rights, Obligations, and Guarantees
Article 19. All inhabitants of the Republic enjoy the following rights, according to the laws that regulate their exercise: to choose a profession; to work and to engage in any lawful trade or industry, subject to any limitations imposed by law for social and economic reasons of national interest; to assemble peaceably; to petition the authorities; to publish their ideas in the press without prior censorship, provided they refer to matters of general interest; to dispose of their property; to associate for lawful purposes; to exercise their religion freely; to learn and to teach.
Article 20. The law shall determine which professions require degrees for their practice, the conditions to be met in order to obtain such degrees, and the authority that issues them. The system and the inspection of education are responsibilities of the State.
Article 21. The Constitution guarantees private property, whose nature and limits shall be determined by law, giving attention to its social function. No one may be deprived of his property except through a judgment based upon law. Ownership of every kind of goods may be legally transformed through expropriation by reason of social utility as defined by law, which will at the same time determine the form of indemnity. The law may fix the maximum amount of land that an individual or a legally organized company may own, and the excess must be sold at public auction or expropriated by the State for distribution.
Article 22. All inhabitants of the Republic are under obligation to earn a livelihood through their own lawful work. Every Paraguayan home ought to stand on its own individual piece of land.
Article 23. The civil rights of women shall be regulated by law, attention being given to family unity, equality as between women and men, and the differences in their respective functions in society.
Article 24. No personal service may be demanded except by virtue of law. Every author or inventor owns his work, invention, or discovery for the period of time fixed by law.
Article 25. In no case shall the death penalty or the confiscation of property by applied for political considerations.
Article 26. No law shall have retroactive effect. No inhabitant may be punished without a previous trial based upon a law enacted prior to the act subject of the trial, nor may he be tried in special courts. No one may be forced to testify against himself; neither may he be arrested without a written warrant issued by a responsible authority, or detained more than twenty-four hours without being advised as to the reason for his detention, nor may he be detained except in his own house or in public places designated for the purpose. Every inhabitant is guaranteed the petition of habeas corpus. The law assumes the innocence of anyone who has not been declared guilty or legally suspect of being so by the ruling of a competent judge. The crime or dishonorable act for which a person is liable does not legally affect his relatives.
Article 27. Defense in a suit against a person or rights is inviolable. Also inviolable are the home, letters, and private papers. The law shall determine in what cases the inviolability of the home and correspondence may be suspended.
Article 28. Jails must be healthy and clean. Torture and whipping are prohibited.
Article 29. Excessive bail shall not be required nor excessive fines imposed.
Article 30. Private acts that do not offend public order and morals or damage third parties in any way are exempt from the authority of magistrates. No one may be forced to do anything not required by law, or prevented from doing anything not forbidden by law. The law may authorize the Executive Power or specified administrative authorities to issue general police regulations and to impose the corresponding punishments, within the fields and limitations fixed by the law itself.
Article 31. The issuance and publication of books, pamphlets, and newspapers shall be regulated by law. Anonymous printing is not permitted.
Article 32. The State shall supervise and regulate the organization, functioning, and activities of groups or bodies of a public nature.
Article 33. The Paraguayan Nation does not acknowledge prerogatives of blood or birth; in Paraguay there are no personal privileges or titles of nobility. All inhabitants of the Republic are equal before the law. Nationals are eligible for any employment with no condition other than that of ability; aliens are subject to the limitations established by law. There are no slaves in the Republic of Paraguay.
Article 34. No person may take justice into his own hands or use violence to reclaim his right. The people deliberate or govern only through their representatives and authorities created by this Constitution. Any armed force or meeting of persons that arrogates to itself the rights of the people and petitions in their behalf commits the crime of sedition.
Article 35. The liberties guaranteed by this Constitution are all of a social nature. Public order requires that the exercise of their liberties be limited in the form and manner established by law. To foster hate or class struggle among Paraguayans is not permitted.
Article 36. Aliens within the territory of the Republic enjoy the civil rights of citizens, in accordance with the laws regulating their exercise. They may carry on industry, trade, or a profession, own property, make wills, and marry. If they threaten the security of the Republic or violate public order, the Government may provide for their expulsion from the country, in accordance with laws regulating this. Aliens are not obliged to become citizens.
Article 37. Anyone who joins the country's enemies by taking up arms in their behalf or giving them aid, or who in any way threatens the independence and security of the Republic of Paraguay, commits treason.
[edit] Nationality and Citizenship
Article 38. The following are Paraguayans: (1) persons born in Paraguayan territory; (2) the children of Paraguayans born in foreign territory, if the mother or father is in government service; and (3) the children of a Paraguayan father or mother, who although born abroad have become residents of Paraguay and have lived there for ten consecutive years.
Military service is compulsory for citizens, who are also obliged to take up arms in defense of the country and of this Constitution.
Article 39. All citizens not disqualified by the following article are duty-bound to vote, starting at the age of eighteen.
Article 40. A citizen's vote is suspended: (1) for physical or moral incompetence that prevents him from acting freely and thoughtfully; for being a private soldier, corporal, or sergeant in regular service, or a member of the national guard or police force under whatever name he may be serving; (3) for being tried as a criminal subject to corporal punishment.
Article 41. Citizenship is lost by: (1) fraudulent bankruptcy; (2) taking subsidies and pensions or accepting honors from a foreign government without the permission of the Executive Power; (3) making any direct attempt or taking part in any attempt to violate the independence and security of the Republic; (4) becoming naturalized in a foreign country. Those who have lost their citizenship for any of the reasons mentioned, with the exception of that given under number 4, may have it reinstated through the House of Representatives.
Article 42. Foreigners may obtain naturalization papers in the courts of the Republic, if they can prove that they have lived five consecutive years in Paraguay, possess some real estate and working capital, or engage in some kind of science, art, or industry. Naturalization is lost through absence from the country for two consecutive years. Naturalized citizens may hold any public office two years after obtaining naturalization papers, except those of President of the Republic, Minister, Councilor of State, Representative, member of the Supreme Court of Justice, and Chief of the Army and of the Navy.
Article 43. The House of Representatives, at the proposal of the Executive Power, may grant honorary citizenship to aliens who have given outstanding service to the Republic.
Article 44. The State guarantees freedom of suffrage. The ballot is secret and compulsory. The law shall determine the system of elections. Persons who advocate or encourage abstention from voting lose their rights as citizens but retain their obligations.
[edit] The Executive Power
Article 45. The Executive Power shall be discharged by a citizen whose title shall be President of the Republic of Paraguay.
Article 46. The President of the Republic must be a native citizen, have reached forty years of age, follow the Roman Catholic Apostolic faith, and meet the moral and intellectual requirements of his office.
Article 47. The President of the Republic shall hold office for five years and may be reelected for one additional term. He leaves office on the day his term expires and no event whatever may serve as a reason for completing it later on. He receives a salary paid from the National Treasury, which remains fixed during his term of office. During this period, he may not accept any other employment or receive any other emolument.
Article 48. The President of the Republic shall reside in the Government House.
Article 49. The President of the Republic shall be chosen by direct general election six months before he takes office.
Article 50. In accepting office, the President of the Republic shall take the following oath, which will be administered by the President of the House of Representatives, in the presence of the Councilors of State and the members of the Supreme Court of Justice:
"I (name) swear before God and country to discharge the office of President of the Republic of Paraguay with fidelity and patriotism, and to observe and enforce faithful compliance with the Constitution. If I do not do this, God and the country may hold me to account."
Article 51. The President of the Republic shall have the following powers:
1. He is the supreme head of the State and is responsible for the general administration of the country.
2. He issues the necessary instructions and regulations for the execution of the laws.
3. He participates in formulating the laws in accordance with the Constitution, approves them, and promulgates them.
4. He is responsible for conducting the Republic's foreign relations.
5. He appoints the members of the Supreme Court with the approval of the Council of State and of the Tribunal of Account and other employees of the Department of Justice with the approval of the Supreme Court.
6. He may commute penalties, in accordance with a regulatory law.
7. He appoints diplomatic representatives with the approval of the Council of State, and alone appoints and removes Ministers of State and other administrative officials whose appointment is not otherwise regulated by law.
8. He exercises the rights of National Patronage of the Republic in the presentation of archbishops and bishops, proposed in a list of three by the Council of State, in agreement with the Ecclesiastical Senate or the national clergy assembled. He acknowledges or withholds the decrees of the Councils, and the bulls, apostolic briefs, and rescripts of the Supreme Pontiff, in agreement with the Council of State and the House of Representatives.
9. He opens the sessions of the House of Representatives each year, at which time he reports on the accomplishments of his government; he extends the sessions of the House of Representatives or convokes this body into special session; in the latter case, the House shall deal only with those matters submitted to it for consideration by the Executive Power.
10. He provides for the collection of the revenues of the Republic and decrees their expenditure in accordance with the law or with the general budget.
11. He negotiates and signs treaties of peace, trade, navigation, alliance, boundaries, and neutrality, as well as concordats and other international agreements, all of which he must submit to the Council of State and to the House of Representatives for approval.
12. He alone commissions the military officers of the Republic up to the rank of Lieutenant Colonel; he commissions the higher ranks with the approval of the Council of State and the House of Representatives. He provides for the Armed Forces of the Nation and determines their organization and distribution, in accordance with the country's needs.
13. He declares war and reestablishes peace, in accordance with the judgment of the Council of State and the authorization of the House of Representatives.
14. He issues military regulations.
Article 52. Should domestic disturbance or foreign conflict pose a serious threat to the functioning of this Constitution and of the authorities created by it, the President of the Republic shall declare a state of siege in a part or in all of the territory of the country and shall report to the House of Representatives thereon. During the state of siege, the President of the Republic may order the arrest of suspected persons. He may also transfer them from one part of the Republic to another, unless they prefer to leave the country. A law shall regulate the declaration of a state of siege to protect the order and security of the country.
Article 53. The President of the Republic may dissolve the House of Representatives and remove the Councilors of State, but in the first case he is obliged to call for elections within a period of two months.
Article 54. The bills submitted by the Executive Power to the House of Representatives must be considered and acted upon during the course of the sessions that year. In the event that they are not acted upon within the period indicated, they shall become law. During the parliamentary adjournment, the Executive Power, with the advice of the Council of State, is empowered to issue decrees having the force of law, but these must be submitted to the House of Representatives at the next regular period of sessions.
Article 55. Only the Executive Power can take the initiative in the matter of expenses of the troops and of their recruitment or mobilization.
Article 56. The Executive Power shall adopt plans for redistributing the present population for economic, social, public health, or national defense reasons.
Article 57. In the event of international war, the President of the Republic is vested with all necessary authority to ensure national defense.
Article 58. In the event that the President of the Republic resigns, becomes disabled, or dies, the Ministers of the Interior shall immediately convoke the Council of State and the House of Representatives in a plenary National Assembly to appoint the Minister or other official who shall exercise the Presidency for the remainder of the term. If, however, the resignation, disability, or death occurs during the first two years of a presidential term, the Provisional President shall call for an election by the people within two months. If the disability is temporary, the National Assembly shall appoint one of the Ministers to serve provisionally as President of the Republic.
Article 59. The business of the Republic shall be carried out by Minister-Secretaries of State, who shall authenticate the acts of the President by means of their signature, without which these acts lack validity. The law shall determine the number of Ministers, which in no case may be less than five, as well as their functions.
Article 60. A Minister must be a native citizen, have reached the age of thirty, and be well known for his integrity and his knowledge of public affairs.
Article 61. Each Minister is responsible for the acts that he legalizes individually, and for those to which he jointly agrees with his colleagues. The Ministers must present to the President of the Republic an annual report of their work, which shall be widely publicized. For their services, they shall receive a salary established by law, which may not be changed either in favor of or to the detriment of those in office.
[edit] The Council of State
Article 62. There shall be a Council of State, composed of the following: the Ministers of the Executive Power, the Rector of the National University, the Archbishop of Paraguay, a representative of business, two representatives of the agricultural and livestock industries, one representative of the manufacturing industries, the President of the Bank of the Republic, and two retired officers of the Armed Forces, one representing the Army and the other the Navy, with the rank of colonel or higher. The manner of appointing Councilors, other than those who serve ex officio, shall be determined by law. The members of the first Council of State shall be appointed by the President of the Republic.
Article 63. The Council of State shall have the following powers:
1. To give an opinion on proposed decrees having the force of law;
2. To give an opinion on matters of international policy submitted to it for consideration by the Executive Power;
3. To give its approval to the appointment of members of the Supreme Court and diplomatic representatives serving abroad;
4. To give its approval of military promotions, starting with the rank of colonel;
5. To give an opinion on financial and economic matters, for which purpose it may be advised by technical committees.
Article 64. The Councilors of State who are not officials must be native citizens, have reached thirty years of age, and meet publicly recognized conditions of training and integrity. With the exception of the Ministers, the Councilors of State shall receive compensation during each session.
Article 65. The Council of State shall act as a court for the purpose of giving an opinion on the members of the Supreme Court of Justice.
Article 66. The Council of State shall appoint its president and shall have at its disposal the staff fixed in the general budget of expenses. Its members enjoy parliamentary immunities.
[edit] The House of Representatives
Article 67. The House of Representatives consists of members elected directly by the people, in accordance with the electoral law to be issued in due time, and on the basis of one representative for every twenty-five thousand inhabitants.
Alternatives totaling one third of all the Representatives shall be chosen in the same election, and they shall fill out the terms of regular members in the event of death, resignation, or disability. An alternate shall also replace a regular member in the event the latter takes a post in the public administration and for as long as he remains in that post.
Article 68. A Representative or an alternate must have reached the age of twenty-five and be a native citizen.
Article 69. No Representative may be a part of or represent an enterprise operating public services or having a government concession.
Article 70. Representatives shall hold office for five years. The House shall meet in regular session every year, from April 1 to August 31. The House shall be entirely renewed every five years.
Article 71. The House is the exclusive judge in the election of its members and in their rights and titles. It may, by a two-thirds vote, reprimand any of its members for disorderly conduct in the exercise of their duties, remove them for physical or moral unfitness, and exclude them from membership, but only a majority is required to decide on voluntary resignations from office. The House shall convene with the presence of an absolute majority of its members, but a small number may compel the absent members to attend the sessions, under a penalty to be established by law.
Article 72. The House shall elect its officers, draw up its regulations, and appoint its staff.
Article 73. The House of Representatives may make a written request of the Executive Power for information on matters of public interest.
Article 74. No Representative may be accused, legally interrogated, or molested for any opinions that he may express in the performance of his duties as a legislator. From the day of his election until the end of his term, he may not be arrested, unless he is caught flagrante delicto. When proceedings are brought in a regular court against any Representative and there are grounds for issuing a preventive warrant for his arrest, the House, by a two-thirds vote, may suspend the accused from his duties and place him at the disposal of the court for trial.
Article 75. In being sworn into the House, Representatives shall take an oath duly to fulfill their office, in accordance with the provisions of this Constitution, and they shall receive a remuneration specified by law. No Minister may be a Representative while he is part of the Executive Power. Neither may any member of the clergy, anyone in active military service, not any government employee, under whatever title, except a teacher or professor, serve as a Representative.
Article 76. The House of Representatives has the following duties:
1. To legislate on municipal organization;
2. To legislate on duties, taxes, and assessments in general;
3. To authorize the contracting of loans and to legislate on the banking system;
4. At the initiative of the Executive Power, to enact a law each year on the Budget of National Expenditures and to approve or reject the statement of expenditures;
5. To regulate river and air navigation;
6. At the initiative of the Executive Power, to legislate on money matters;
7. To review general legislation, consulting the country's present needs;
8. To consider international treaties and authorize the Executive Power to make war or to negotiate peace;
9. To consider proposals of the Executive Power for temporary concessions to establish industries;
10. At the initiative of the Executive Power, to grant general amnesties;
11. At the proposal of the Executive Power, to issue military ordinances and enact the law for organizing the courts of military discipline;
12. To legislate on contentious-administrative questions;
13. To permit the entry of foreign troops into the territory of the Republic and the departure of national forces therefrom.
[edit] Enactment and Sanction of Laws
Article 77. All laws whose initiation is not the express responsibility of the Executive Power by order of this Constitution may originate in the House of Representatives as bills presented by any of its members.
Article 78. Once a bill is approved by the House of Representatives, it shall be submitted for consideration by the Executive Power, with whose approval it becomes law. If the Executive Power raises no objection to a bill within ten days, it shall be considered approved.
Article 79. A bill that has been completely rejected by the Executive Power may not be reconsidered by the House of Representatives during the sessions of that year. If the Executive Power vetoes only a part of the bill, it shall be returned to the House of Representatives. If in two roll calls, separated by an interval of three days, the House upholds its original approval of the bill by a two-thirds vote, it shall then become law.
[edit] The Judicial Power
Article 80. The Judicial Power of the Republic shall be exercised by a Supreme Court composed of three members, as well as by the Tribunal of Accounts and other lower tribunals and courts established by law.
Article 81. A member of the Supreme Court must be a native citizen, have reached thirty-five years of age, have a university doctorate in law, and lead a public and private life that is beyond reproach.
Article 82. The members of the Supreme Court and other judges and magistrates of the Judicial Power shall hold office for five years, but the law shall establish conditions and requirements for the permanent tenure of judicial magistrates.
Article 83. Members of the Supreme Court may be removed by a political trial in the House of Representatives, before the Council of State, for the malperformance of their duties and for constituting a threat to the proper administration of justice. The members of the Tribunal of Accounts and the magistrates of the lower tribunals and courts may be tried before the Supreme Court for corrupt practice, for malperformance of their duties, and for dishonesty.
Article 84. The members of the Supreme Court shall be appointed by the Executive Power with the approval of the Council of State. The other magistrates and judges of the Judicial Power shall be appointed by the Executive Power with the approval of the Supreme Court.
Article 85. The Tribunal of Accounts shall have jurisdiction in contentious-administrative cases and in the examination and approval of accounts of the expenditure of public funds. The members of the Tribunal of Accounts shall be appointed by the Executive Power with the approval of the Supreme Court.
Article 86. A member of the Tribunal of Accounts must be a Paraguayan citizen, have reached thirty years of age, and have either a university degree or experience as a Minister or chief of financial administration. The law shall establish the manner of giving permanent tenure to the members of the Tribunal of Accounts.
Article 87. The independence of the Judicial Power is guaranteed. Only it may hear and decide upon acts of litigious nature; it has exclusive power in such acts, although the law may constitute administrative authorities as judges of first instance in contentious-administrative cases. In no case may the President of the Republic, the Ministers, or other officials arrogate to themselves judicial powers; neither may they revive closed proceedings, halt those in progress, or interfere in any way in trials. Acts of this nature are irrevocably null and void. No judicial magistrate may be molested for decisions made in the performance of his duties, nor may he be arrested, unless caught in flagrante delicto. Any complaint or accusation against a judicial magistrate must be aired exclusively before the Supreme Court. Those who threaten the independence of the judicial magistrates or arrest them shall, besides suffering the penalties established by the Penal Code, be disqualified from holding any public office for five years.
Article 88. The Supreme Court is the high chamber of justice of the Republic, and in this capacity it supervises all the lesser tribunals and courts.
Article 89. The Supreme Court takes cognizance of conflicts of jurisdiction between judges, and of those between judges and officials of the Executive Power.
Article 90. Defense in the courts of the Republic is free. Courts and judges may not be challenged without cause.
Article 91. Every judicial judgment must be based on this Constitution and on the law.
Article 92. The members of the Supreme Court shall take their oath before the President of the Republic, swearing to carry out their duties faithfully; the magistrates and judges shall do this before the Supreme Court.
Article 93. The Supreme Court shall formulate its regulations and appoint and dismiss all subordinate employees of the Judicial Power. It shall present an annual report to the President of the Republic on the work it has done and on the status and requirements of national justice.
[edit] AMENDMENT OF THE CONSTITUTION
Article 94. This Constitution may not be totally amended until ten years after its promulgation. The need for amendment must be declared by the National Assembly by a two-thirds vote of its members.
By the same number of votes, however, the Assembly may declare the need for partial amendment of the Constitution, as dictated by experience. If this is done, the amendments must be submitted to a referendum, which shall coincide with the presidential elections following the expiration of the present term.
The present presidential term expires on August 15, 1943.
Done in the city of Asunción, Capital of the Republic of Paraguay, on the tenth day of July of the Year of Our Lord one thousand nine hundred forty.
