The principles of criminal law in the constitutions of Paraguay and the Bicentennial

Abstract

Criminal law is related to constitutional law, since this is its pristine source and marks the sense of interpretation as well as the current it will take in its empirical application. Thus, the advancement of criminal science in Paraguay has gone through well-marked stages, which have allowed the development of current humanist thought, without whose antecedents Paraguayan criminal law would not have its own history. It has gone from an era of cruelty –inquisition– to the guarantee system –accusatory– thanks to constitutional progress, without detracting from other sources, including German criminal law. The Bicentennial of National Independence, makes it appropriate to study the content of the fundamental laws that have governed the Paraguayan nation with a critical vision, to take from them those norms referring to criminal science, both the substantive law and the formal law. In this exhibition, it is intended to understand the past, present and future of Paraguayan constitutional criminal law, to make it more appropriate to reality and understand its true essence. When analyzing the content of each one of the Constitutions, it has been decided to extract those principles referring to criminal law to motivate the curiosity of those who kindly read these lines, so that each one forms their own criteria regarding the relationship law constitutional and Paraguayan criminal law.