Chapter II. Of Liberty
Article 9. Of the Freedom and of the Security of the Persons
All persons have the right to be protected in their freedom and in their security.
No one may be obligated to do what the law does not mandate nor be prevented from what it does not prohibit.
Article 10. Of the Proscription of Slavery and Other [Forms of] Servitude
Slavery, personal servitude, and the trafficking [trata] of the persons are proscribed. The law may establish social responsibilities [cargas] in favor of the State.
Article 11. Of the Deprivation of Liberty
No one will be deprived of their physical freedom or brought to justice [procesado], except for mediating the causes and within the conditions established by this Constitution and the laws.
Article 12. Of Detention and of Arrest
No one may be detained or arrested without a written order issued by a competent authority, except in the case of being caught [sorprendido] in flagrante delicto committing a crime that merits a physical penalty [pena corporal]. All detained persons have the right:
- to be informed, at the moment of the act [hecho], of the cause that motivates [the arrest], of their right to remain silent and to be assisted by a defender of their confidence. At the act [acto] of the arrest, the authority is obligated to exhibit the written order that so provides for it;
- that the detention will be immediately communicated to their family or [to] persons that the detained [person] indicates;
- to be maintained in free communication, but when, exceptionally, their incommunicado status has been established by [a] competent judicial mandate; the incommunicado [status] will not rule [regirá] with respect to their defender and in no case may it exceed the time period prescribed by the law;
- to be provided with of an interpreter, if necessary, and
- to be brought, in a time period no longer than twenty-four hours, before [a disposición] the competent judicial magistrate, for this-one to dispose what corresponds by law [en derecho].
Article 13. Of No Deprivation of Freedom for Debts
The deprivation of freedom for debts is not admitted, unless by [a] mandate of the competent judicial authority dictated for non-compliance [incumplimiento] of food supply duties or as a substitution of [payment of] fines [multas] or judicial bails [fianzas].
Article 14. Of the Non-retroactivity of the Law
No law may have a retroactive effect, unless it is more favorable to the accused [encausado] or the convicted.
Article 15. Of the Prohibition of Making Justice by Oneself [Hacerse Justicia por si Mismo]
No one may take the law into their own hands or claim their rights with violence. However, the right to legitimate defense is guaranteed.
Article 16. Of the Defense during [en] Trial [Juicio]
The defense during trial of persons and of their rights is inviolable. All persons have the right to be judged by competent, independent, and impartial tribunals and judges.
Article 17. Of Procedural Rights
In the penal process, or in any other [process] in which a penalty or sanction could be handed down [derivarse], any person has the right:
- to be presumed innocent;
- to stand a public trial, except for the cases contemplated by the magistrate to safeguard other rights;
- not to be sentenced without a previous trial [juicio] founded on a law prior to the act of the process, and not to be judged by special tribunals;
- not to be judged more than one time for the same act. It is not possible to reopen closed cases [procesos fenecidos], with the exception of the favorable review of penal sentences established in the cases specified by the procedural law;
- to defend themselves or to be assisted by defenders of their choice;
- to have the State provide them with a public defender [defensor gratuito] in the case of not disposing of the economic means to pay for one [solventarlo]
- to be informed [comunicado] previously and in detail of the imputation, as well as to dispose of copies, means and time periods indispensable for the preparation of their defense in free communication;
- to provide, to practice, to control, and to impugn evidence [preubas]
- not to have opposing them evidence obtained or accusations produced in violation of the juridical norms;
- to have access, either by themselves or through their defender, to the procedural actions [actuaciones], which, in no case, may be kept secret from them. The preparation of the sumario [statement of facts/criminal dossier] may not be extended beyond the time period established by the law, and
- to be indemnified by the State in the case of [a] conviction because of a judicial error.
Article 18. Of the Restrictions of the Declaration
No one may be obligated to give testimony [declarar] against themselves, against their spouse or against the person to whom they are united in fact [unida de hecho], nor against their relatives within the fourth degree of consanguinity or second [degree] of affinity inclusive.
The illegal acts or the dishonor of the accused [imputados] do not affect their relatives or their close kin [allegados].
Article 19. Of the Preventive Imprisonment
The preventive imprisonment will only be dictated when it would be indispensable for the proceedings [diligencias] of the trial [juicio]. In no case will it be extended for a longer time than the established minimum sentence for the same crime, in accordance with the classification [calificación] of the act, effected in the respective order [auto].
Article 20. Of the Object of the Penalties
The penalties that are deprivative of liberty will have for their objective the rehabilitation of the sentenced [person] and the protection of the society.
The penalties of confiscation of assets and [of] exile are proscribed.
Article 21. Of the Imprisonment of Persons
Persons deprived of their liberty will be imprisoned in adequate establishments, avoiding the mixture of sexes. Minors will not be imprisoned with older persons.
The imprisonment of the persons detained will take place in places different from those designated for those serving [purgar] a sentence.
Article 22. Of the Publication Concerning Processes
The publication on pending [en curso] judicial processes must be done without prejudgment.
The defendant must not be presented as guilty before the executory sentence.
Article 23. Of the Evidence [Prueba] of the Truth
The evidence of truth and of notoriety will not be admissible in the processes promoted by reason of publications of any character affecting the honor, the reputation or the dignity of persons, and that refer to crimes of private penal action or to private conduct that this Constitution or the law declare to be exempt from the public authority.
This evidence will be admitted when the process is promoted for the publication of censures of the public behavior of the functionaries of the State, and in the other cases expressly established by the law.
Article 24. Of Religious and Ideological Freedom
The freedom of religion, of worship, and ideological [freedom] are recognized without any restrictions other than those established in this Constitution and in the law. No religious faith will have official character.
The relations between the State and the Catholic Church are based on independence, cooperation, and autonomy.
The independence and the autonomy of the churches and religious faiths are guaranteed, without any restrictions other than those imposed by this Constitution and the laws.
No one may be interfered with [molestado], questioned, or forced to give testimony [declarar] by reason of their beliefs or of their ideology.
Article 25. Of the Expression of the Personality
All persons have the right to freely express their personality, to creativity, and to forge their own identity and image.
Ideological pluralism is guaranteed.
Article 26. Of the Freedom of Expression and of the Press
The free expression and the freedom of the press are guaranteed as well as the diffusion of thoughts and of opinions, without any censorship, with no other limitations than those provided for in this Constitution. In consequence, there will be no law dictated to make them impossible [imposibilitar] or to restrict them. There will be no press crimes, except common crimes committed through the press.
Any person has the right to generate, process, or diffuse information, and equally to the use of any legal and apt instrument for such goals.
Article 27. Of the Use of the Mass Media of Social Communication
The use of the mass communication media is of public interest; in consequence, their functioning may not be closed or suspended.
The press lacking responsible direction will not be admitted.
Any discriminatory practice in the provision of supplies to the press, as well as interfering the radio-electrical frequencies and the obstruction, in any way, of the free circulation, distribution, and sale of periodicals, books, magazines, or other publications with a responsible direction or authors are prohibited.
Informative pluralism is guaranteed.
The law will regulate the publicity to the effect of best protecting the rights of the child, of youth, of the illiterate, of the consumer, and of the woman.
Article 28. Of the Right to Be Informed
The right of the persons to receive true, responsible, and equitable information is recognized.
The public sources of information are free for everyone. The law will regulate the corresponding modalities, time periods and sanctions for them, in order to make this right effective.
Any person affected by the diffusion of a false, distorted, or ambiguous information has the right to demand its rectification or its clarification by the same means and under the same conditions in which it was divulged, without prejudice to the other compensatory rights.
Article 29. Of the Freedom to Practice Journalism
The practice of journalism, in all its forms, is free and is not subject to prior authorization. The journalists of the mass media of social communication, fulfilling their functions, will not be obligated to act against the dictates of their conscience or to reveal their sources of information.
The columnists have the right to publish their signed opinions, uncensored, in the media for which they work. The head [dirección] [of the media] may exempt itself from any responsibility by stating its disagreement.
The right of the journalists to be the authors of the intellectual, artistic, or photographic product of their work is recognized, irrespective of their techniques, in accordance with the law.
Article 30. Of Electromagnetic Communication Signals
The emission and the propagation of the electromagnetic communication signals are of the public domain of the State, which, exercising the national sovereignty, will promote the full use of these signals in accordance with the rights proprietary [propios] to the Republic and in accordance with the ratified international agreements [convenios] in the matter.
The law will assure, in equal opportunities, the free access to the better use [aprovechamiento] of the electromagnetic spectrum, as well as to that of the electronic instruments of accumulation and processing of the public information, without any greater limitations than those imposed by the international regulations and the technical standards [normas]. The authorities will assure that these elements are not use to infringe personal or family intimacy or the other rights established by this Constitution.
Article 31. Of the Mass Media of Social Communication of the State
The law will regulate the media of communication dependent on the State in their organization and in their functioning, having to guarantee the democratic and pluralistic access to the same of all the social and political sectors, with equal opportunity.
Article 32. Of the Freedom of Assembly and of Manifestation
Persons have the right to meet and to manifest peacefully, without weapons and with licit ends, without the need of a permit, as well as the right not to be obligated to participate in such acts. The law may only regulate its exercise in places of public traffic, [and] at certain hours, preserving the rights of third parties and the public order established by the law.
Article 33. Of the Right to Intimacy
Personal and family intimacy, as well as the respect of private life, is inviolable. The behavior of persons, that does not affect the public order established by the law or the rights of third parties[,] is exempted from the public authority.
The right to the protection of intimacy, of dignity, and of the private image of persons is guaranteed.
Article 34. Of the Inviolability of Private Premises
Any private premise is inviolable. It may only be alienated or closed with a judicial order in accordance with the law. Exceptionally, it may also be [alienated or closed], additionally, in the case of flagrante delicto or to prevent its imminent perpetration, or to avoid damage to the person or to the property.
Article 35. Of the Identification Documents
The identification documents, licenses or personal certificates [constancias] of the persons may not be seized [incautados] or retained by the authorities. These [authorities] may not deprive them of these, except in those cases specified by the law.
Article 36. Of the Right to the Inviolability of the Documental Patrimony [Patrimonio Documental] and of the Private Communication
The documental patrimony of the persons is inviolable. The records, regardless of the technique used, the printed matter, the correspondence, the writings, the telephonic, telegraphic, cable graphic or any other kind of communication, the collections or the reproductions, the testimonies and the objects of testimonial value, as well as their respective copies, may not be examined, reproduced, intercepted, or seized [secuestrados] except by a judicial order for cases specifically specified in the law, and when they would be indispensable for [the] clearing up of matters of the competence of the corresponding authorities. The law will determine the special modalities for the examination of commercial accounting and of obligatory legal records.
The documental evidence obtained in violation of that prescribed above lacks validity in trial.
In every case, strict reservation will be observed regarding that which would not be related to the [person] investigated.
Article 37. Of the Right to Conscientious Objection
The right to conscientious objection for ethical or religious reasons is recognized for those cases in which this Constitution and the law admit it.
Article 38. Of the Right to Defend Common Interests [Intereses Difusos]
Any person has the right, individually or collectively, to demand from public authorities measures to defend the environment, the integrity of the habitat, the public health, the national cultural heritage [acervo], the interests of the consumers and others that, because of their legal nature, pertain to the community and are related to the quality of life and to the collective patrimony.
Article 39. Of the Right to Just, Adequate Indemnification
All persons have the right to be fairly and adequately indemnified for the damages or prejudices they would be object to on the part of the State. The law will regulate this right.
Article 40. Of the Right to Petition the Authorities
Any person, individually or collectively and without special requirements, has the right to petition the authorities, in writing, which must respond within the time period and in accordance with the modalities determined by the law. Any petition that has not obtained a response in that time [plazo] will be considered [as] denied.
Article 41. Of the Right to Circulate and to Residency
All Paraguayans have the right to reside in their Fatherland [Patria]. The inhabitants can circulate freely throughout the national territory, change their domicile or their residence, absent themselves from the Republic or return to it and, in accordance with the law, incorporate their assets into the country or take them out of it. The law, observing these rights, will regulate the migration.
The law, taking into consideration the international agreements on this matter, will regulate the entry into the country of foreigners with no final residence in it.
Foreigners granted final residence in the country will not be obligated to abandon it, except by virtue of [a] judicial sentence.
Article 42. Of the Freedom of Association
All persons are free to associate or unionize themselves with licit ends[;] also no one is obligated to belong to a specific [determinado] association. The law will regulate the form of the colleges of professionals [colegiación profesional].
Secret associations and those of a paramilitary character are prohibited.
Article 43. Of the Right to Asylum
Paraguay recognizes the right to territorial and diplomatic asylum to all persons persecuted for political motives or crimes[,] or for common crimes connected [conexos] to them, as well as for their opinions or beliefs. The authorities must immediately grant the personal documentation and the corresponding safe- conduct.
No political asylum-seeker [asiliado] will be transferred compulsively to the country whose authorities are persecuting him.
Article 44. Of Taxes
No one will be obligated to pay taxes or to provide personal services that have not been established by the law. No excessive bails will be demanded nor outrageous fines will be imposed.
Article 45. Of Unstated Rights and Guarantees
The enunciation of the rights and guarantees contained in this Constitution must not be understood as the negation of others that, being inherent to the human personality, do not expressively figure in it. The lack of [a] regulatory law may not be invoked to deny or to curtail any right or guarantee.
