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October 29. 2021. |
No. 85 (reg no. 1396/2021) |
Supreme Court of Justice of Paraguay |
Right to life |
The Supreme Court of Justice of Paraguay rejected an amparo action claiming that the state should also cover the expenses of private hospitalization during the public health emergency. |
A lady was hospitalized in Paraguay on 9 September 2011. and she was sent to a private hospital. Two days later, her Covid-19 test was positive, therefore, she was transferred to a hospital maintained by the Ministry of Public Health. The Ministry covered the full cost of the hospitalization in its hospital, but rejected to cover the expenses of the private treatment. The lady turned to the court with an amparo action, which in first instance upheld her claim and ordered the Ministry to cover her additional expenses with private hospitalization. However, for the initiative of the Ministry, the Supreme Court of Justice annulled this decision and found, that monetary claims fall outside from the scope of amparo, while the petitioner also failed to exhaust all other available remedies before submitting her amparo. Therefore, the amparo action was not admissible, so the lower court ruling was annulled and the claim was rejected. |
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https://www.covid19litigation.org/case-index/paraguay-supreme-court-justice-no-85-reg-no-13962021-2021-10-29 |
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June 17. 2021. |
No. 328/2021. |
Supreme Court of Justice of Paraguay |
Freedom of movement |
The Supreme Court of Justice of Paraguay held that the executive orders introducing quarantine measures during the public health emergency were constitutional. |
A lady was sentenced due to the violation of quarantine rules during the public health emergency. She contested the constitutionality of executive orders which introduced criminal sanctions for those violating quarantine measures during the public health emergency like the crimes against the environment were sanctioned before the Covid-19 pandemic. The petitioner considered that the executive should not introduce additional behaviors as punishable ones without constitutional authorization. The Supreme Court of Justice considered that the petitioner failed to demonstrate how these orders undermined certain constitutional provisions, therefore, the claim was rejected. The executive orders were based on the sanitary code adopted in 1980, prior to the current constitution, however, it has been dully implemented into the new constitutional order, so the authorization of the sanitary code shall remain valid. |
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https://www.covid19litigation.org/case-index/paraguay-supreme-court-justice-chamber-agreements-no-328-2021-06-17 |
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March 31. 2021. |
No. 308 |
Court of Justice of Paraguay |
Rights of prisoners |
The Supreme Court of Justice of Paraguay held that the request for suspending an extradition order and transferring the petitioner to his private home should be submitted before the ordinary court in the form of a habeas corpus. |
A generic habeas corpus has been submitted by the petitioner to the Supreme Court of Justice against a judicial ruling ordering his extradition to Brazil. The petitioner was an elder citizen with chronical illnesses and during the proceeding he was contracted by the virus. The Supreme Court of Justice held that generic habeas corpus should cover those measures infringing the personal safety or fundamental rights of individuals, fall outside from the scope of norma habeas corpus action. The present case should be contested under the normal habeas corpus action before the ordinary courts, however, the authorities were called for dully protecting the phisical and mental integrity of the person concerned, and to provide appropriate medical treatment to him. |
https://www.covid19litigation.org/sites/default/files/node-case/2021-11/paraguaysupreme-court31-march-2021.pdf |
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https://www.covid19litigation.org/case-index/paraguay-supreme-court-justice-chamber-agreements-decision-n-308-2021-03-31 |
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