Legitimacy of the intervention of the Public Ministry in the punishable acts of "invasion of someone else's property"

Abstract

The property right on real estate in Paraguay currently represents a social phenomenon that confronts various sectors of the field: private, public and institutional. In a social context under pressure due to the constant growth of the population mass, the acts of illegal incursions into extensions of land, demand a special intervention of the investigative and judicial bodies. The punishable acts of invasion of real estate face sensitive interests that require a thorough criminal prosecution against those responsible and, which could eventually cast doubt on the legitimacy of the Public Ministry's actions as a representative body of the victims in the face of such events. This assumption inspires the development of this work. For this, a detailed legal analysis is carried out to determine a legal figure in which the fiscal agents can legally protect their actions before the possible situations generated by the criminal investigations of this type of crimes of public action, which in recent years is registered as a controversial and sensitive fact.