Constitution

Dominican Republic 2010 Constitution

Table of Contents

TITLE VIII. OF THE DEFENDER OF THE PEOPLE

Article 190. Autonomy of the Defender of the People

The Defender of the People is an authority that is independent in its functions and with administrative and budgetary autonomy. It is obligated in an exclusive manner to the mandate of this Constitution and the laws.

Article 191. Essential functions

The essential function of the Defender of the People is to contribute to the safeguarding of the fundamental rights of the persons and the collective and diffuse interests established in this Constitution and the laws, in case they are violated by functionaries or organs of the State, by providers of public services or individuals that affect collective and diffuse interests. The law will regulate what is relative to its organization and functioning.

Article 192. Election

The Defender of the People and his adjuncts will be appointed by the Senate for a period of six years, from ternas proposed by the Chamber of Deputies and will remain in the office until being substituted. The Chamber of Deputies must choose the ternas in the ordinary legislature prior to the fulfillment of the time of the mandate of those designated and will submit them before the Senate in a time that may not exceed fifteen days following their approval. The Senate of the Republic will conduct the election before the following thirty days.

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If the time expires without the Chamber of Deputies having chosen and presented the ternas, these will be chosen and presented to the Senate by the Plenary of the Supreme Court of Justice. If it is the Senate that does not conduct the election in the specified time, the Supreme Court of Justice will make the election from the ternas presented by the Chamber of Deputies.

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