Chapter IV. Of the Other Organs [Organismos] of the State
Section I. Of the Office of the Defender [Defensoría] of the People
Article 276. Of the Defender of the People
The Defender of the People is a parliamentary commissioner whose functions are the defense of the human rights, the channeling of popular complaints and the protection of the community interests. In no case will he have judicial function or executive competence.
Article 277. Of the Autonomy, of the Appointment and of the Removal
The Public Defender will enjoy autonomy and irremovability. He is appointed by a majority of two-thirds of the Chamber of Deputies, from a terna [list of three] proposed by the Senate, and he will remain five years in his functions, which will coincide with the period of the Congress. He may be reelected. Additionally, he may be removed for malfeasance of his functions, with the procedure of the political trial established in this Constitution.
Article 278. Of the Requirements, of the Incompatibilities and of the Immunities
The Defender of the People must meet the same requirements demanded of the Deputies, and he has the same incompatibilities and immunities as those of the judicial Magistrates. During his mandate he may not be a part of any power of the State or exercise any party [partidaria] political activity.
Article 279. Of the Duties and of the Attributions
[The following] are duties and attributions of the Defender of the People:
- to receive and to investigate denunciations, complaints and claims against violations of the human rights and other acts that this Constitution and the law establish;
- to request from the authorities at their various levels, including those of the police organs and those of security in general, information for the better exercise of his functions[;] he may not be opposed by any reserve. He may have access to the places where the commission of such acts are denounced. It is also of his competence to act ex officio;
- to issue [emitir] [a] public censure for acts or behaviors contrary to the human rights;
- to annually report concerning his management [gestiones] to the Chambers of the Congress;
- to prepare and to divulge reports on the situation of human rights that, in his opinion, require prompt public attention, and
- the other duties and attributions that the law establishes.
Article 280. Of the Regulation of His Functions
The functions of the Defender of the People will be regulated by the law[;] in order to assure his efficiency, departmental or municipal defenders may be appointed.
Section II. Of the Office of the Comptroller [Contraloría] General of the Republic
Article 281. Of the Nature, of the Composition and of the Duration
The Office of the Comptroller General of the Republic is the organ of control of the economic and financial activities of the State, of the departments and of the municipalities, in the form determined by this Constitution and by the law. It will enjoy functional and administrative autonomy.
It is composed of a Comptroller and a Sub-Comptroller, who must be of Paraguayan nationality, already thirty years old, graduated in Law or in Economic Sciences, Administrative or Accounting. Each one of them will be designated by the Chamber of Deputies, by an absolute majority, both from [sendas] ternas [lists of three] of candidates proposed by the Chamber of Senators, with an identical majority.
They remain five years in their functions, which will not coincide with those of the presidential mandate. They may be confirmed in the office only for one more period, subjected to the same process. During such time period they will enjoy irremovability[;] they may not be removed except for having committed crimes or for bad performance of their functions.
Article 282. Of the Report and of the Resolution [Dictamen]
The President of the Republic, in his character of head [titular] of the administration of the State, will send to the Office of the Comptroller [Contraloría] the liquidation of the budget of the previous year, within the four months of the next [budget]. Within the next four months, the Office of the Comptroller [Contraloría] must send [elevar] [a] report and resolution [dictamen] to the Congress, to be considered by each one of the Chambers.
Article 283. Of the Duties and of the Attributions
[The following] are duties and attributions of the Comptroller General of the Republic:
- the control, the surveillance and the supervision [fiscalización] of the public assets and of the patrimony of the State, those of the regional or departmental entities [entidades], those of the municipalities, those of the Central Bank and those of the other banks of the State or mixed, those of the autonomous, autarchic or decentralized entities [entidades], as well as those of the enterprises of the State or mixed;
- the control of the execution and the liquidation of the General Budget of the Nation;
- the control of the execution and the liquidation of the budgets of all of the allocations [reparticiones] mentioned in paragraph 1), as well as the examination of their accounts, funds and inventories;
- the supervision [fiscalización] of the national accounts of the multinational enterprises or entities [entidades], in whose capital the State participates in [a] direct or indirect form, in the terms of the respective treaties;
- the requirement of reports on the fiscal and patrimonial management [gestión] to all persons or public, mixed or private entities [entidad] that administrates funds, public services or assets of the State, to the regional or departmental entities [entidades], and to the municipalities, all of which must make available to him [poner a su disposición] the documentation and the receipts [comprobantes] required for the better fulfillment of his functions;
- the reception of the sworn declarations of the assets of the public functionaries, as well as the formation of a registry of the same, and the production of resolutions [dictámenes] on the correspondence between such declarations, provided [prestadas] at the assumption of the respective offices, and those that the functionaries referred to [aludidos] formulate when ceasing in them;
- the denunciation to the ordinary justice and to the Executive Power of all crimes of which he has cognizance as a reason of his specific functions, being responsible in solidarity, for omission or for deviation, with the organs submitted to his control, when these [have] acted with deficiency or negligence, and
- the other duties and attributions that this Constitution and the laws establish.
Article 284. Of the Immunities, of the Incompatibilities and of the Removal
The Comptroller and the Sub-Comptroller will have the same immunities and incompatibilities prescribed for the judicial Magistrates. As to their removal, the procedure established for political trial will be followed.
Section III. Of the Central Bank of the State
Article 285. Of the Nature, of the Duties, and of the Attributions
A Central Bank of the State, with character of [a] technical organ [organismo] is established. It has the exclusivity of the emission of the currency, and in accordance with the objectives of the economic policy of the National Government, it participates with the other technical organs [organismos] of the State, in the formulation of the monetary, credit and exchange policies, being responsible for their execution and development, and preserving monetary stability.
Article 286. Of the Prohibitions
[The following] is prohibited to the Central Bank of the State:
- to grant credits, directly or indirectly, to finance the public expenses on the margin of the budget, except:
- the short-term advances of tax resources budgeted for the respective year, and
- in the case of [a] national emergency, with a substantiated resolution of the Executive Power and agreement of the Chamber of Senators.
- to adopt any agreement that establishes, directly or indirectly, norms or requirements different or discriminatory and relative to persons, institutions or entities [entidades] that make operations of the same nature effective, and
- to operate with persons or entities [entidades] not integrated into the monetary or financial national system, except for international organs [organismos].
Article 287. Of the Organization and of the Functioning
The law will regulate the organization and the functioning of the Central Bank of the State, within the limitations specified in this Constitution.
The Central Bank of the State will render account [rendirá cuentas] to the Executive Power and to the National Congress for the execution of the policies of its responsibility.
Title III. Of the State of Exception
Article 288. Of the Declaration, of the Causes, of the Enforcement and of the Time Periods
In the case of [an] armed international conflict, formally declared or not, or of a grave internal commotion that puts in imminent danger the rule [imperio] of this Constitution or the regular functioning of the organs created by it, the Congress or the Executive Power may declare the State of Exception in all or in part of the national territory, for a term of sixty days maximum. In the case that such declaration is effected by the Executive Power, the measure must be approved or rejected by the Congress within a time period of forty-eight hours.
The term of sixty days may be extended by periods of as much as thirty successive days, for which an absolute majority of both Chambers will be required.
During the parliamentary recess, the Executive Power may decree, for a sole time, the state of exception for a time period not longer than thirty days, but it will have to submit it within eight days to the approval or rejection of the Congress. which will be convoked of plain right to [an] extraordinary session, only for that effect.
The decree or the law that declares the State of Exception will contain the reasons and the facts invoked for its adoption, the time of its enforcement and the territory affected, as well as the rights that it restricts.
During the enforcement of the State of Exception, the Executive Power may only order, by decree and in each case, the following measures: the detention of the persons indicted [indiciadas] for participating in some of those acts, their transfer from one point to another of the Republic, as well as the prohibition or the restriction of public meetings and of demonstrations.
In all the cases, the persons indicted [indiciadas] will have the option to leave the country.
The Executive Power will immediately inform the Supreme Court of Justice on the status of the [persons] detained by virtue of the State of Exception and on the place of their detention or transfer, in order to make possible a judicial inspection.
Those detained because of the State of Exception will stay in healthy and clean premises [locales], not allocated to common inmates [reos], or they will be in reclusion in their own residence. The transfers will always be made to populated and healthy places.
The State of Exception will not interrupt the functioning of the powers of the State, the enforcement of this Constitution or, specifically, habeas corpus.
The Congress, by an absolute majority of votes, may provide at any time for the lifting of the State of Exception, if it considers that the causes for its declaration have ceased.
Once the State of Exception in finished, the Executive Power will inform the Congress, within a time period of no longer than five days, concerning that done [actuado] during the enforcement of it.
Title IV. Of the Reform and of the Amendment of the Constitution
Article 289. Of the Reform [Reforma]
The reform of this Constitution may only proceed after ten years of its promulgation.
Twenty-five percent of the legislators of any of the Chambers of Congress, the President of the Republic or thirty thousand electors, through a signed petition[,] may request the reform.
The declaration of the necessity of the reform will only be approved by an absolute majority of two-thirds of the members of each Chamber of the Congress.
Once the need for the reform is decided, the Superior Tribunal of Electoral Justice will call for elections within the time period of one hundred and eighty days, in general elections that may not coincide with any other.
The number of members of the National Constituent Convention may not exceed the total of the members [integrantes] of the Congress. Their conditions of eligibility, as well as the determination of their incompatibilities, will be established by the law.
The members of the convention [convencionales] will have the same immunities established for the members of the Congress.
The new Constitution sanctioned by the National Constituent Convention, will be promulgated of plain right.
Article 290. Of the Amendment [Enmienda]
After three years of this Constitution having been promulgated, amendments at the initiative of one-fourth of the legislators of any of the Chambers of the Congress, of the President of the Republic, or of thirty thousand electors, through a signed petition[,] may be realized.
The full text of the amendment must be approved by [an] absolute majority in the Chamber of origin. [Once] it is approved, the equal treatment will be required at the reviewing Chamber. If in either of the Chambers the majority required for its approval is not met, the amendment will be considered as rejected, [and] it may not be presented again within the time [término] of one year.
[Once] the amendment is approved by both Chambers of the Congress, the text will be remitted to the Superior Tribunal of Electoral Justice to convoke a referendum, within a time period of one-hundred and eighty days. If the result of this [referendum] is affirmative, the amendment will be sanctioned and promulgated, incorporating itself into the constitutional text.
If the amendment is derogatory, another one with the same subject may not be promoted before three years.
The procedure indicated for amendment will not be used, but [rather] the one for reform, for those provisions affecting the mode of election, the composition, the duration of [the] mandates or the attributions of any of the powers of the State, or the provisions of Chapters I, II, III and IV of Title II, of Part I.
Article 291. Of the Powers [Potestad] of the National Constituent Convention
The National Constituent Convention is independent from the constituted powers. It will limit itself, during the time of the duration of its deliberations, to its labor of reform, excluding any other task. It will not arrogate to itself the attributions of the powers of the State[;] it may not substitute those who are exercising them, or reduce or extend their mandate.
Title V. Of the Final and Transitory Provisions
Article 1
This Constitution enters into force from this date. Its promulgation occurs [se opera] of plain right at the twenty-fourth hour of the same.
The process of elaboration of this Constitution, its sanction, its promulgation and the provisions that integrate it are not subject to jurisdictional revision, or to any modification, [or] any changes, with the exception of that provided for its reform or amendment.
The Constitution of 25 August 1967 and its amendment of the year 1977 are abrogated [derogado], without prejudice to that provided in this Title.
Article 2
The President of the Republic, the President of the Congress, and the President of the Supreme Court of Justice, will take an oath or a promise to comply with and to have this Constitution complied with, before the National Constituent Convention [on] Saturday 20 June 1992.
Article 3
The President of the Republic, the Senators and the Deputies will continue in their respective functions until the new national authorities that will be elected in the general elections to be held in 1993 assume [their functions].
Their duties and attributions will be those established by this Constitution, both for the President of the Republic and for the Congress, which may not be dissolved.
Until the Senators and the Deputies elected in the general elections of 1993 assume [their functions], the process for the formation and sanction of the laws will be governed by that provided in Articles 154/167 of the Constitution of 1967.
Article 4
The next elections to designate President of the Republic, Vice President, Senators and Deputies, Governors and members of the departmental boards [juntas] will be held simultaneously on the date determined by the Electoral Tribunal of the Capital, which must be established for the lapse of time included between 15 April and 15 May 1993. These authorities will assume their functions [on] 15 August 1993, with the exception of the members of the Congress, who will do so on 1 July of the same [year].
Article 5
The other Magistrates and functionaries will continue in their offices until the completion of the period that the Constitution of 1967 had determined for each one of them, and if, that moment [having] arrived, their successors have not yet been appointed, they will continue in [their] functions in [the] interim until the substitution is produced.
They may be replaced by other functionaries and Magistrates who will be designated in [the] interim and in accordance with the mechanisms established by the Constitution of 1967. The functionaries and Magistrates so designated will remain in their offices until the moment in which their substitutes are designated, in accordance with the mechanisms that this Constitution determines.
The Comptroller General and the Sub-Comptroller will also remain in [their] functions until the functionaries determined in Article 281 of this Constitution are designated.
Article 6
Until the general elections of 1993 are held, to elect President of the Republic, Vice President, Senators, Deputies, Governors and members of the departmental boards [juntas], the same electoral organs [organismos] will continue, in [their] function: Central Electoral Board [Junta], Sectional Electoral Board [Junta], and electoral tribunals, which will be governed by the Electoral Code in all that does not contradict this Constitution.
Article 7
The designation of functionaries and Magistrates that require the intervention of the Congress or of any of its Chambers or for [the] offices of institutions created by this Constitution or with a different integration to that established by [the Constitution] of 1967, may only be effected after the assumption [of their functions] of the national authorities that will be elected in the year 1993, with the exception of that provided for [preceptuado] in Article 9 of this Title.
Article 8
The judicial Magistrates who are confirmed through the [a partir de] ordinary mechanisms established in this Constitution acquire the permanent irremovability referred to in paragraph 2 of Article 252 “Of the Irremovability of the Magistrates”, through the [a partir de] second confirmation.
Article 9
The members of the Jury of Prosecution [Enjuiciamiento] of Magistrates will be designated on proposal of the respective powers within the sixty days of the promulgation of this Constitution. Until the Council of the Magistrature is integrated, the representatives that answer to that body will be covered by a professor of each faculty of Law, on [a] proposal of their respective Directive Councils [Consejos Directivos]. To that jury will be deferred [deferirá] the cognizance of and the judgment of all the denunciations currently existing before the Supreme Court of Justice. Until the respective law is issued [se dicte], the law 879/81, Code of Judicial Organization will govern for [what is] pertinent.
The law will establish for the members of the Jury of Prosecution [Enjuiciamiento] of Magistrates designated by virtue of what is provided by this Article, the duration in their respective offices.
Article 10
Until [a] Procurator General is designated, the current functionaries performing in the respective area are invested with the attributions that Article 246 determines.
Article 11
Until a Departmental Organic Law is issued, the elected Governors and the [elected] departmental boards [juntas] will be governed only by the provisions of this Constitution.
The current delegates of [the] government and those who performed as such during the years 1991 and 1992, may not be candidates for Governors or Deputies in the elections to be held in 1993.
Until a Departmental Organic Law is issued, the departmental boards [juntas] will be integrated by a minimum of seven members and a maximum of twenty- one members. The Electoral Tribunal of Asunción will establish the number of members of the departmental boards [juntas], attending to [atendiendo] the electoral density of the departments.
Article 12
The current seats of the Delegations of [the] Government, will pass of plain right and gratuitously to be the property [propiedad] of the departmental governments.
Article 13
If by 1 October 1992[,] the departments of Chaco and Nueva Asunción are still not electorally organized[,] the two Deputies that correspond to these departments will be elected at the electoral colleges of the departments of Presidents Hayes, Boquerón and Alto Paraguay, in accordance with their electoral volume [caudal].
Article 14
The vesting of Senator for Life extends to the citizen exercising the presidency of the Republic at the date of sanction of this Constitution, without benefiting any previous one.
Article 15
Until a new National Constituent Convention meets, those who participated in it will enjoy the title [trado] of “Cuidadano Convencional” [Citizen Member of the Convention].
Article 16
The assets acquired by the Convention or donated to it that form a part of its patrimony will be transferred gratuitously to the Legislative Power.
Article 17
The deposit and the conservation of all the documentation produced by the National Constituent Convention, such as diaries and acts and of plenary sessions and those of the Comisión Redactora [Editing Commission] will be entrusted to the Central Bank of the State, in the name of and at the disposal of the Legislative Power, until, by law, their remission to and storage at the National Archives is provided.
Article 18
The Executive Power will immediately provide for the official edition of 10,000 copies of this Constitution in the Spanish and Guarani languages.
In the case of doubt of interpretation, the text written in the Spanish language will prevail [se estará].
The study of the National Constitution will be promoted through the educational system.
Article 19
The current constitutional period inclusively will be taken into consideration for the purposes [a los efectos] of the limitations that this Constitution establishes for the reelection of the elective offices of the various powers of the State.
Article 20
The original text of the National Constitution will be signed, on all its pages by the President and the Secretaries of the National Constituent Convention.
The final Act of the Convention, by which the complete text of this Constitution is approved and established [asentado], will be signed by the President and the Secretaries of the National Constituent Convention. It will also be signed by the Members of the Conventional who wish to do so in [such] a manner that a sole document is formed[,] custody of which will be entrusted to the Legislative Power.
This Constitution is sanctioned. Given at the deliberations room [recinto de deliberaciones] of the National Constituent Convention, on the twentieth day of the month of June of nineteen ninety-two, in the city of Asunción, Capital of the Republic of Paraguay.
