Corte Suprema de Justicia (Supreme Court of Justice - Paraguay)
Organization of the Judicial Power
Supreme Court of Justice
The antecedents of the Supreme Court of Justice are found in the Provisional Statute of the Administration of Justice of 1842 that establishes the figure of the Superior Appeals Judge. Recall that these regulations were the first legal instrument that organized the jurisdictions of the administration of justice in the independent era.
It should be noted that Paraguay was the first in America to repeal the Laws of the Indies, with precedence of national laws on foreigners. The Laws of the Seven Games, those of Castilla, of Toro remained provisional and subsidiary.
It should also be remembered that the Province of Paraguay depended on the Charcas Hearing and then on the Buenos Aires Hearing until 1811, the year in which the appeal cases were returned to the Higher Governmental Board.
The Provisional Statute of the Administration of Justice has 82 articles and ten chapters; the first lists the judicial organs, from commissioned judges, justices of the peace, ordinary mayors, civil and criminal judges to the Superior Court of Appeals. This body is also made up of representatives of the Public Ministry: the fiscal agent and the attorney general who were parties to criminal and fiscal cases; The defender of minors, the poor and slaves joins them.
In judicial matters, the Supreme Government was the exclusive judge of cases of treason, conspiracy against public order and attempt on the lives of the consuls, being able to pardon the death penalty and interpret the law in cases of doubts regarding your application. The mayors and judges consulted the Superior Appeals Judge, who transferred the judicial file to the consuls' decision. When the republican system was instituted, the appeal passed to the Chief Executive.
It should be noted that the Superior Appeals Judge was in charge of the Executive, as Vice President of the Republic, in cases of illness, absence, death, resignation or other cause that may occur with the President of the Republic (Art. 5º) .
The Congress of 1844 approved the Law of Political Administration of the Republic of Paraguay, better known as the Constitution of 1844. Although the division of powers is insinuated in said political letter, the decision of the "Supreme Executive Power" prevails, with evident interventionism, even in the religious field; remember that the National Board of Trustees was inherited from the Regiano Patronato Indiano (16th century).
Supreme Court of Justice
The denomination of Supreme Court of Justice was granted by the 1940 Constitution, which increased the number of its members to five.
The 1992 Constitution recognizes the Supreme Court of Justice as the highest Court of the Republic and extends the number of its members to nine.
"The Judiciary is the custodian of this Constitution. He interprets it, complies with it and enforces it. The administration of justice is in charge of the Judicial Power, exercised by the Supreme Court of Justice, by the courts and by the courts that establish this Constitution and the law ”(Art. 247).
The Court comprises three chambers, each made up of three ministers: Constitutional Chamber, Civil and Commercial Chamber, and Criminal Chamber.
Independence of the Judiciary
In a State of Law, the independence of the Judiciary is an essential requirement of its organization.
"The independence of the Judiciary is guaranteed. Only this can know and decide in contentious acts. In no case the members of other powers, nor other officials, may claim judicial powers that are not expressly established in this Constitution… Those who attempt against the independence of the Judicial Power and that of its magistrates, will be disqualified from exercising any public function by five consecutive years, in addition to the penalties established by law ”(Art. 248).
There is talk of autarky or budgetary independence when a power or organ of the State has the capacity to administer its own resources.
"The Judiciary enjoys budgetary autarky. In the General Budget of the Nation an amount not less than three percent of the Central Administration Budget will be assigned. The Budget of the Judiciary will be approved by Congress, and the Office of the Comptroller General of the Republic will verify all its expenses and investments ”(Art. 249).
Administer timely justice, protecting the rights of people and populations, solving legal conflicts with equality and transparency, in order to restore and maintain social peace, within the framework of the Social Rule of Law.
An independent, accessible and reliable power of the State for the provision of an excellent justice service, characterized by its autonomy, autarky and efficiency in its management and which contributes effectively to the consolidation of the Social State of Law.
Quality and Efficiency
Quality in the administration of justice service
Respect for human rightsSee more