Title VIII. On the Defender of the People
Article 190. Autonomy of the Defender of the People
The Defender of the People is an independent authority in his functions and with administrative and budgetary autonomy. He is obligated exclusively 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 safeguard the fundamental rights of people and the collective and diffuse interests established in this Constitution and the law, in case of their being violated by officials or organs of the State, by lenders of public or individual services that affect collective and diffuse interests. The law shall regulate that which is related to its organization and functioning.
Article 192. Election
The Defender of the People and his adjuncts shall be appointed by the Senate for a period of six years, from shortlists proposed by the Chamber of Deputies and shall remain in the role until they are substituted. The Chamber of Deputies shall choose the shortlists in an ordinary legislature prior to the completion of the term of the mandate of the appointed and shall submit them before the Senate in a period that shall not exceed the fifteen days following its approval. The Senate of the Republic shall effectuate the election before the thirty following days.
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Once the periods have ended without the Chamber of Deputies having chosen and presented the shortlists, the same shall be chosen and presented to the Senate by the Full Supreme Court of Justice. If it is the Senate that does not effectuate the election in the given period, the Supreme Court of Justice shall elects from the shortlists presented by the Chamber of Deputies.
