Steven J. Green
School of International
& Public Affairs

DESCRIPTION OF THE JUDICIAL SYSTEM OF PARAGUAY

The Judiciary is responsible for safeguarding the National Constitution by interpreting it, complying with it and assuring its compliance. It is also responsible for the administration of justice. It is important to note, however, that the Executive and Legislative Powers also have attributes related to compliance with the law, creating a situation in which the police and the penitentiary system respond to two branches of government. In cases of jurisdictional conflict, the branch, which administers public institutions, has jurisdiction.

However, article 248 of the National Constitution guarantees the independence of the Judiciary, indicating that the members of the other branches and other officials may not assume judicial powers not expressly established by the Constitution.

The Judiciary is exercised by the Supreme Court of Justice, the Tribunals and the Courts.

Regarding its structure, the Judiciary has three levels:

Primary Level: Criminal, Civil and Commercial, Labor, Child and Adolescent Courts, divided into territorial jurisdictions throughout the national territory.

Second Level: Appeals Tribunals also divided into territorial jurisdictions.

Third Level: Supreme Court of Justice, the highest court in the land, situated in the Capital.

The Supreme Court of Justice

The Supreme Court of Justice oversees all judiciary bodies and decides on cases of jurisdictional conflict or responsibility. It resolves constitutional questions, petitions of appeal, and supervises institutions responsible for detention and imprisonment.The Supreme Court also determines the attributes of the Constitutional Chamber, the only one recognized by the Constitution which does not have an established number of members, and which may establish its own internal rules and create other chambers.

The Supreme Court of Justice has nine members. They may only be removed from office by impeachment, or at the mandatory retirement age of 75. Members of the Supreme Court are designated by the Chamber of Senators with the approval of the Executive Power. They swear into office before the Congress. Article 258 of the Constitution establishes the requirements for Supreme Court membership.

The Supreme Court of Justice is organized into three chambers, respectively dealing with Civil matters, Commercial matters, Labor matters and Chile Child and Adolescent matters. Each chamber annually elects its President, and its members hold the title of Minister. Tribunals and Courts

The members of the Appeals Tribunals and Courts in all the different matters are designated by the Supreme Court of Justice from shortlists of three candidates, which are proposed by the Council of Magistrates. They swear into office before the Supreme Court of Justice, are designated for five-year terms, and may be removed from office by the Jury of Judgment of Magistrates.

Jury of Judgment of Magistrates

This institution, created by the current constitution and regulated by law, has eight members: two Supreme Court Justices, two members of the Council of Magistrates, two Senators and two Deputies, all of whom must hold law degrees. Council of Magistrates

This institution was also created by the current constitution and is charged with proposing the shortlists of three candidates for membership in the Supreme Court of Justice, Appeals Tribunals, and Courts, as well as for the designation of Government Attorneys.

Ministry of the Attorney General

The Ministry of the Attorney General represents society before the jurisdictional organs of the State. It is considered an auxiliary body of justice and is exercised by the Attorney General of the State, Assistant Attorneys, Agents and Assistant Agents.The Attorney General of the State must, among other conditions: have Paraguayan nationality, be at least 35 years of age, be a judge or a university professor, etc. The term of office is five years and is eligible for reelection. The AGS is appointed by the Executive Power with the approval of the Senate, and proposed in shortlists of three by the Council of Magistrates.