Illegal Practices in the Administration of Justice: An Ethnographic Study of the Criminal Courts of Asunción

Abstract

This research addresses the problem of illegal practices in the administration of justice in Paraguay, interpreted from Foucault's theory as illegal practices tolerated within the judicial system. The overall objective focuses on analyzing how illegal practices in the administration of justice influence the perception of the legitimacy of the judicial system. The methodology adopted is ethnographic, with observation strategies of eight oral trials in the Asunción Sentencing Court and semi-structured interviews with judges, defense attorneys, and prosecutors as justice actors based on their experiences. The results reveal that illegal practices are a constant practice in the local context, demonstrated through the manipulation of the judicial system in favor of a privileged minority that exerts political and economic pressure, coupled with punitive selectivity that affects the most vulnerable. The legitimacy of the system is marked by citizen distrust and a perception of impunity and judicial delay. The conclusion indicates that illegalities in the administration of justice in Paraguay are neither anomalies nor exceptions, but rather structural phenomena managed by the institutions themselves. This practice, entrenched and perpetuated in local contexts, makes it impossible to restore legitimacy and public confidence in the Paraguayan justice system.