Constitution

Paraguay 1992 Constitution (reviewed 2011)

Table of Contents

Chapter IX. Of the Economic Rights and of the Agrarian Reform

Section I. Of the Economic Rights

Article 107. Of the Freedom of Competition [Concurrencia]

All persons have the right to dedicate themselves to the legal economic activity of their preference, within a regime of equal opportunities.

Competition at the market is guaranteed. The creation of monopolies and the artificial increase or decrease of prices that restrict [traben] free competition will not be permitted.

Usury and the unauthorized commerce of harmful articles will be punished by the penal law.

Article 108. Of the Free Circulation of Products

The goods of national production or fabrication, and those coming legally from abroad, will freely circulate within the territory of the Republic.

Article 109. Of Private Property

Private property, whose content and limits will be established by the law, attending to its economic and social function, in order to make it accessible to all[,] is guaranteed.

Private property is inviolable.

No one may be deprived of his property if not by virtue of [a] judicial sentence, nevertheless the expropriation for cause of public utility or social interest, which will be determined in each case by law, is admitted. It will guarantee the prior payment of a fair indemnification, established conventionally or by a judicial sentence, except the unproductive latifundia [large scale land ownership] destined for agrarian reform, according to the procedure for expropriations to be established by law.

Article 110. Of Copyrights and Intellectual Property

All authors, inventors, producers, or merchants [comerciantes] will enjoy the exclusive property of their work, invention, brand or commercial name, in accordance with the law.

Article 111. Of the Transfers of the Public Enterprises

Whenever the State decides to transfer public enterprises or its participation in them to the private sector, it will give preferential option of purchase to the workers and sectors directly involved with the enterprise. The law will regulate the form in which this option will be established.

Article 112. Of the Domain of the State

The dominion [dominio] over the hydrocarbons, solid, liquid and gaseous minerals that are found in a natural state in the territory of the Republic, with the exception of the petrous, earthy and calcareous substances[,] corresponds to the State.

The State may grant concessions to persons or to public or private enterprises, mixed, national or foreign, for the prospecting, the exploration, the research, the mining [cateo] or the exploitation of deposits [yacimientos] for a limited time.

The law will regulate the economic regime that contemplates the interests of the State, those of the concessionaires and those of the owners that could be affected.

Article 113. Of the Promotion of Cooperatives

The State will promote cooperative enterprise and other associative forms of production of goods and services, based on the solidarity and the social profitability [rentabilidad], to which it will guarantee their free organization and their autonomy.

The principles of the cooperativism, as instruments for the national economic development, shall be diffused through the education system.

Section II. Of Agrarian Reform

Article 114. Of the Objectives of Agrarian Reform

Agrarian reform is one of the fundamental factors to achieve rural well-being. It consists of the effective incorporation of the peasant [campesina] population to the economic and social development of the Nation. Equitable systems of distribution, property and tenancy of the land shall be adopted; the credit and the technical, educational and sanitary assistance shall be organized; the creation of agricultural cooperatives and other similar associations shall be promoted; and the production, the industrialization and the rationalization of the market for the complete [integral] development of the agricultural [sector] shall be promoted.

Article 115. Of the Bases of Agrarian Reform and of Rural Development

Agrarian reform and rural development are effected in accordance with the following bases:

  1. the adoption of a tax system and other measures that stimulate the production, discourage the latifundium [large-scale ownership] and guarantee the development of pequeña [small-scale] and medium-sized rural property, accordingly to the particulars of each zone;
  2. the rationalization and the regularization of the use of the land and of the practices of farming to prevent its degradation, as well as the promotion of intensive and diversified agricultural production;
  3. the promotion of pequeña and of medium-sized agricultural enterprise;
  4. the programming of peasant settlements; the adjudication [adjudicación] of parcels of land as property to the beneficiaries of agrarian reform, specifying the infrastructure needed for its settlement and permanent settlement [arraigo], with an emphasis on roads [vialidad], education, and health;
  5. the establishment of systems and organizations that assure fair prices to the primary producer;
  6. the granting of agricultural credits, at low-cost and without intermediaries;
  7. the defense and the preservation of the environment;
  8. the creation of agricultural insurance [seguro agrícola];
  9. support to the peasant woman, especially to who is head of [the] family;
  10. the participation of the peasant woman, in equality with the man, in the plans of agrarian reform;
  11. the participation of the subjects of agrarian reform in the respective process, and the promotion of peasant organizations in defense of their economic, social and cultural interests;
  12. the preferential support to nationals in the plans of agrarian reform;
  13. the education of the farmer and that of his family, in order to capacitate them as active agents of national development;
  14. The creation of regional centers for the study and agrological classification [tipificación] of the soils, to establish agricultural titles [rubros] in the regions [where] apt;
  15. the adoption of policies that stimulate the interest of the population in agricultural tasks, by creating professional training centers in rural areas, and
  16. the promotion of internal migration, attending to demographic, economic and social reasons.

Article 116. Of the Unproductive Latifundia

With the objective to progressively eliminate the unproductive latifundia, the law will attend to the natural aptitude of the lands, to the needs of the sector of the population linked to agriculture and to the advisable specifications [previsiones aconsejables] for the balanced development of the agricultural, farming, forest and industrial activities, as well as to the sustainable better use of [aprovechamiento] the natural resources and of the preservation of the ecological equilibrium.

The expropriation of the unproductive latifundia allocated to agrarian reform will be established in each case by the law, and will be credited [se abonará] in the reform and in the period of time determined by the same.