Paraguay's 1992 Constitution marked a clear break with the 35-year dictatorship of Alfredo Stroessner (1954-1989): strict separation of powers, abolition of the death penalty, recognition of Guaraní as an official language. In this guide I present the current institutional structure of Paraguay, as derived from this founding text, but also what concretely changes in the life of an expatriate or traveler who must interact with the Paraguayan legal system. I have structured the information around what I learned accompanying readers on the ground: official institutions on one hand, practical aspects on the other.
In summary: the institutional framework
Key points to remember
- •The 1992 Constitution followed the Stroessner dictatorship (1954-1989) and established a presidential republic
- •The three powers (executive, legislative, judicial) are formally separated, but judicial independence is still under construction
- •Paraguay is a unitary republic divided into 17 departments with local autonomy
- •The death penalty has been abolished since 1992 (Article 4 of the Constitution)
- •For an expatriate, the Paraguayan legal system is accessible but slow: it is advisable to use a local lawyer for any litigation
The 1992 Constitution and the organization of the three powers
Adopted three years after the fall of Stroessner, the 1992 Constitution established a presidential republic founded on the separation, balance, and reciprocal control of powers. It also enshrines, in its Article 4, the protection of life and abolishes the death penalty, a decision confirmed by ratification of the Second Optional Protocol to the International Covenant on Civil and Political Rights. The 1992 Constitution can be consulted online on the Paraguayan Senate website.
The current constitutional text is the sixth in Paraguay's independent history, after those of 1813, 1844, 1870, 1940, and 1967. Each of these texts reflected an era and a correlation of political forces. The 1992 one is distinguished by its declared intention to guarantee fundamental rights and limit executive power, after three decades of authoritarian rule.
| Organization of the three powers | |
|---|---|
| Executive | President of the Republic, elected by direct universal suffrage for 5 years, assisted by a vice-president and a Council of Ministers. Single term: consecutive re-election is not possible |
| Legislative | Bicameral National Congress: Chamber of Senators (45 members) and Chamber of Deputies (80 members), elected by direct universal suffrage for 5 years |
| Judicial | Supreme Court of Justice (9 members) and all ordinary and special courts of the country. Magistrates are appointed by the Council of the Judiciary |
Senators and deputies are elected for a 5-year term, at the same time as the president. Congress convenes at the Legislative Palace in Asunción, a striking building inaugurated in 2014 that contrasts with the colonial architecture of the city center. The president, elected by direct universal suffrage, appoints their Council of Ministers and is the head of the armed forces.
An important point: the single presidential term (no consecutive re-election) is a notable difference from other South American countries. A Paraguayan president cannot run for a second consecutive term, which limits concentration of power but can also hinder long-term reforms.
17 departments and local autonomy
The national territory is divided into 17 departments, plus the capital district (Asunción). Each department is headed by a governor and a departmental board, elected by direct universal suffrage for a 5-year term, at the same time as general elections. Departments are further subdivided into municipalities and districts, with political, administrative, and regulatory autonomy for managing their own interests.
This organization is important for an expatriate to understand: administrative procedures are not always done in Asunción. A life certificate, building permit, or civil status document can be issued by the competent departmental or municipal administration. It is not always necessary to travel to the capital.
- 1The 17 departments are split into two major regions: the Eastern Region (14 departments, 40% of the territory, 98% of the population) and the Western Region or Chaco (3 departments: Alto Paraguay, Boquerón, Presidente Hayes)
- 2Asunción does not belong to any department: it is a capital district with a special status equivalent to a department
- 3Department resources come mainly from central state transfers (Itaipú and Yacyretá royalties) and local taxation
Death penalty abolished and judicial system
The death penalty is abolished by the 1992 Constitution (Article 4) and cannot be reinstated. Paraguay ratified the American Convention on Human Rights (Pact of San José, Costa Rica), as well as the Second Optional Protocol aiming to abolish the death penalty (Law No. 2131/03). The country is also a signatory to the Rome Statute of the International Criminal Court. These international commitments make Paraguay one of the most protective countries in terms of human rights in the region.
The Constitution formally guarantees the independence of the judiciary from the executive and legislative branches. The Supreme Court of Justice, composed of 9 members, is the highest judicial authority. It is assisted by a Council of the Judiciary that appoints judges and by a Public Prosecutor's Office headed by the Attorney General. In practice, organizations like Amnesty International continue to document challenges regarding judicial delays and effective independence of the courts.
Elections and party system
The president is elected for a single 5-year term, not consecutively renewable. The Paraguayan political landscape remains structured around two major historical parties: the Colorado Party (National Republican Association), in power most of the time since 1947, including during the Stroessner dictatorship, and the Authentic Radical Liberal Party (PLRA). More recent formations like Patria Querida (right) or the Progressive Democratic Party (left) have emerged since the 2000s without durably overthrowing the traditional duopoly.
Voting is mandatory in Paraguay for citizens aged 18 to 75. Voters vote on the same day for president, senators, deputies, and departmental governors, every 5 years. The presidential election is by direct universal suffrage, with a second round if no candidate obtains an absolute majority (something that has never happened since 1992).
Practical laws to know for an expatriate
| Main laws and useful texts for an expatriate | ||
|---|---|---|
| 1992 Constitution | Founding text, abolishes the death penalty, establishes Guaraní as an official language | senado-constitucion |
| Law No. 6984/2022 | New migration framework: temporary residency, permanent residency, and investor programs | migraciones-py |
| Law No. 1/1992 | Ratification of the Pact of San José (American Convention on Human Rights) | bacn-ley1 |
| Law No. 2131/2003 | Ratification of the Protocol on the abolition of the death penalty | bacn-ley1 |
| Law No. 125/1991 | Tax regime: territoriality, IRP at 8-10%, no tax on foreign income | set-paraguay |
| Law No. 60/1992 | Protection of foreign investments: equal treatment with local investors | pj-gov-py |
This list is not exhaustive but covers the most relevant texts for an expatriate settling in Paraguay. The full texts are available in Spanish on the portal of the Library and Central Archive of Congress (BACN).
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