Procedure applicable to Habeas Data in the courts of Asunción, Paraguay

Abstract

The Habeas Data was adopted by Paraguay in the National Constitution of 1992. Given the disparity of procedures and the different ways of resolving the petition in Paraguay, the objective of this research is to analyze the procedures used in the processing of Habeas Data in the courts of first instance in the city of Asunción, for which it uses a non-experimental design with a qualitative approach, and an exploratory-descriptive study, based on a documentary review of 10 judicial files from the civil, labor, criminal, childhood and adolescence jurisdictions. The results show that the most used procedure was the Amparo trial, in addition to the summary knowledge process, the direct declaration and resolution, and the incidents. The most common type of final decision issued was the Final Judgment, which in general denied the action, and the result obtained in the resolutions that granted it, the majority of them ordered access to the information and data. Due to the procedural disparity, legislative regulation of the procedure is necessary in order to unify criteria, and to be included in a body of law that regulates all constitutional guarantees, requiring the elaboration of a Constitutional Procedural Code that integrates them.