Analysis of the constitutional guarantees in force in Paraguay

Abstract

This paper analyzes the constitutional guarantees established in the 1992 National Constitution. It should be kept in mind that the previous constitution of 1967 recognized three of them, namely: Unconstitutionality, writ of amparo, habeas corpus, the latter in a single modality -restorative-. For this reason, a qualitative approach was chosen for this research with a non-experimental design, of the documentary type with a descriptive scope. The current Constitution recognizes four specific constitutional guarantees for all persons: unconstitutionality, amparo, habeas corpus - generic, restorative and preventive - and habeas data. The Code of Civil Procedure establishes the procedure by which constitutional guarantees are safeguarded by means of actions or appeals. These actions are legal tools that protect the fundamental rights of individuals when they are violated, or are in danger of being violated, to prevent the arbitrary intervention of the State in various areas, such as detention or, for example, the application of a regulation contrary to the provisions of the current National Constitution.