In Paraguay, the eviction process is regulated by Law No. 1337, specifically in its Codigo Procesal Civil. Under Title VII of these regulations, the provisions and procedures to be followed in cases of eviction are established, ensuring both the rights of the landlord and the tenant or any precarious occupant.
According to Article 621 of this law, the eviction proceeds against the tenant, sub-tenant or any precarious occupant who has the obligation to return a property or part of it. The claim must be submitted in writing and the defendant has a period of six days to respond to it. If you do not do so, the facts set forth in the complaint will be considered true and a judgment will be issued without further processing, as established in Article 622.
Furthermore, Article 632 of the Codigo Procesal Civil establishes the effects of the ruling against any other future third parties in the event of eviction. The eviction will be effective against any occupant after the initiation of the trial, if the plaintiff, when promoting it, has requested that the property that is the subject of the trial be registered as litigated and that the judge, or the secretary commissioned for this purpose, carry out the recognition of the property. , leaving a record of its occupants. These proceedings must be carried out within a period of eight days from the filing of the claim.
It is important to mention that, according to the modification introduced by Law No. 6979 in 2022, the eviction will not proceed when the lawsuit is directed against elderly ascendants of the owner or people with disabilities whose legal duty to provide food is attributable to the actor or owner of the property, and the eviction produces a state of vulnerability and serious abandonment. This situation can be proven at any stage of the process, without suspending its prosecution and must be resolved with the final ruling following an opinion from the Public Defender's Office.
The eviction process in Paraguay is not criminal in nature, but civil. Not only the ownership of the land is protected, but also its tenure. For an eviction to take place, it is necessary to have a court order.
Regarding the duration of an eviction trial, it can vary depending on whether there is opposition from the defendant. In the absence of opposition, the process can last between approximately 6 months and 1 year. However, if there is opposition, the trial can be extended from 1 year to even more than 20 years depending on the complexity of the case.
It is important to note that if the owner of the property decided to evict the tenant without previously obtaining an eviction order issued by a judge and acted on his own, it could entail legal consequences in both the criminal and civil spheres.
Article 141 of the Penal Code establishes that the violation of residence consists of entering a home, commercial premises, official office or other closed place without the express consent of the person who has the right of admission, or in not leaving said places despite the request of the owner thereof. If found guilty of this crime, the owner could face a prison sentence of up to two years or a fine, depending on the severity of the situation.
Furthermore, if the owner acted jointly with another person, seriously abusing his public office or using weapons or violence, the penalty could increase to five years in prison or a fine. It is important to highlight that criminal prosecution in these cases will depend on the victim's case, that is, the affected tenant.
In the civil sphere, the owner of the property could also face an injunction trial, in accordance with Article 638 of the Civil Procedure Code. Injunctions are legal actions that can be taken to acquire, retain or recover possession of property, or to prevent the completion of new work without proper consent.
In summary, the Eviction Law in Paraguay seeks to guarantee a fair and equitable process for all parties involved, protecting the rights of landlords and tenants, and ensuring compliance with legal provisions regarding eviction. However, it is important to keep in mind that the process can be slow depending on the complexities of the trial.