Paraguay’s Constitution of 1992 with Amendments through 2011
Article 248. The independence of the judicial power is guaranteed. Only this [power] may take cognizance of and decide on facts of a contentious character. In no case may the members of the other powers, or other functionaries arrogate to themselves juridical attributions that are not expressly established in this Constitution, or revive dead processes, [or] paralyze the existing ones, or intervene in any manner in the trials. Acts of this nature result in irremediable nullity. All this without prejudice to the arbitral decisions within the scope of the private law, with the modalities that the law determines to assure the right to defense and [to] equitable solutions. Those who infringe against the independence of the Judicial Power and that of its Magistrates, will be ineligible to exercise any public function for five consecutive years, in addition to the penalties established by the law.
Judicial Council or Parallel Institution
Article 262. The Council of the Magistrature is composed by: 1. a member of the Supreme Court of Justice, designated by it; 2. a representative of the Executive Power; 3. a Senator and a Deputy, both appointed by their respective Chambers; 4. two registered [de la matrícula] lawyers, appointed by their peers in [a] direct election; 5. a professor of the Faculty of Law of the National University, chosen by his peers, and 6. a professor of the Faculty of Law with no less than twenty years of functioning, of the private Universities, chosen by his peers. The law will regulate the pertinent systems of elections.
Article 264. The following are duties and attributions of the Council of the Magistrature: 1. to propose the terna [list of three] of candidates to integrate the Supreme Court of Justice, [the] selection subject to [and] based on suitability, with consideration of merits and aptitudes, and send them to the Chamber of Senators for it to designate them, with the agreement of the Executive Power; 2. to propose a shortlist to the Supreme Court of Justice, with the same criteria of selection and evaluation, the names of candidates for the offices of members of the inferior tribunals, those of the judges and those of the state attorneys; 3. to elaborate its own regulations, and 4. the other duties and attributions that this Constitution and the laws establish.
Attorney General’s Office
Article 266. The Public Ministry represents the society before the jurisdictional organs of the State, enjoying functional and administrative autonomy in the fulfillment of its duties and attributions. It is exercised by the Attorney General of the State and the state attorneys, in the form determined by the law.