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law no 1473 law of April 1, 1993
LUIS OSSIO SANJINES ACTING CONSTITUTIONAL PRESIDENT OF THE REPUBLIC
For the Honorable National Congress, it has sanctioned the following Law: THE HONORABLE CONGRESS NATIONAL, DECRETA: Single Item. State the need for reform of Articles 1, 41, 60, 70, 87, 90, 109, 110, 116, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 171, 200, 201, 202, 203, 204, 205, 215, 217, 220, 221, 230, 231 and 233 of the Constitution State Policy, which are amended with the following text:
PRELIMINARY TITLE
ARTICLE 1.- FREE, INDEPENDENT AND SOVEREIGN BOLIVIA, CONSTITUTED IN THE UNITED REPUBLIC, ADOPTS FOR ITS government in the representative democratic form. It is multiethnic and multicultural, founded on the union and solidarity of all Bolivians.
PART FIRST THE PERSON AS A MEMBER OF THE STATE
TITLE THIRD NATIONALITY AND CITIZENSHIP
CHAPTER II CITIZENSHIP
ARTICLE 41.- They are citizens of Bolivians, males and females, over eighteen years old, whatever their degree of instruction, occupation or rent.
PART SECOND THE BOLIVIAN STATE
TITLE THIRD POWER LEGISLATIVE
CHAPTER II CHAMBER OF DEPUTIES
ARTICLE 60.- The Chamber of Deputies is composed of a maximum of one hundred and thirty members. Half of the deputies are elected in one-member constituencies and the other half of the national lists. Each Department will have a number of Deputies taking into account population criteria and
equity. The assignment of deputies by the Department and the delimitation of single-minominal constituencies will be carried out
by Law on proposals of the National Electoral Court. territorial division and not
transcend the boundaries of each department. The deputies are elected in a universal, direct and secret ballot. In the uninominal constituencies, by
simple majority of votes. Those of the national lists, through a system of proportional representation of the parties.
The number of Members corresponding to the national lists will be assigned as follows:
On the basis of the total votes achieved by Each party, front or coalition throughout the country, will establish the number of deputies that corresponds to each one;
The number of single-member constituencies obtained by each party, front or coalition will be determined;
The difference between the deputies achieved in the single-member constituencies and the total number of deputies corresponding to each party, front, or coalition, established by this article, will correspond to the lists.
Deputies exercise their duties for five years. CHAPTER II
CONGRESS ARTICLE 70.- On the initiative of any parliament, the Chambers may ask the Ministers of State
verbal or written reports for legislative, inspection or audit purposes and to propose
Every House can, at the initiative of any member of parliament with the support of a tenth of its members, interpeel Ministers of State and, by an absolute majority of those present, agree on the censorship of their acts, individually or jointly.
Censorship has the effect of change in the procedure and the contested policy and the refusal of the censured. Resignation that may be accepted or rejected by the President of the Republic.
TITLE SECOND Executive POWER
CHAPTER I PRESIDENT OF THE REPUBLIC
ARTICLE 87.- The mandate of the President of the Republic is of five years unextendable. The President may be re-elected for one time only after at least one constitutional period. No citizen can hold the Presidency for more than two constitutional terms.
The mandate of the Vice President of the Republic is also for five years unextendable. The Vice President cannot be elected President, nor Vice President of the Republic in the period following his term of office.
ARTICLE 90.- If none of the formulas for President and Vice President of the Republic obtain the The majority of votes valid in the general elections, the Congress will take to the two formulas that would have obtained the largest number of votes and, among them, will make the election by absolute majority of valid votes and in oral and nominal voting.
In case of a tie, the vote will be repeated for three consecutive times in oral and nominal form. If the tie persists, President and Vice President will be proclaimed to the candidates who have achieved the simple majority of votes in the general election.
The election and counting will be done and counted will be done in public and permanent session for reason of time and subject matter and approval through Congressional Resolution.
CHAPTER III INTERNAL REGIME
ARTICLE 109.- The Departmental Governments will be unwrapped according to an Administrative Decentralization Regime. The organization, operation, and responsibilities of departmental governments are defined by Law.
In each Department, the Executive Branch is represented by a Prefect, appointed by the President of the Republic.
Departmental Government is composed of the Consultative Assembly and Departmental and Prefectural Audit.
The Prefect, is the representative of the Executive Branch in the Department and has the following attributions:
enforce laws and other legal provisions;
Direct administration departmental;
Exercise the Department's General Commander function;
Designate departmental secretaries;
Designate the Sub-prefects of the Provinces and the administrative authorities whose appointment is not reserved for other Power;
Coordinate projects, plans, policies and actions with the Municipal Governments of its jurisdiction;
The decentralized and deconcentrated administrative organs and units of the Ministries, institutions and entities of the public administration located in the Department, depend on the Prefect, Departmental Secretaries.
The relationship between the Ministers of State and the Department Secretaries is carried out exclusively through the Prefect.
ARTICLE 110.- The audit of the Prefecture is a The position of the Consultative Assembly and the Departmental Audit Assembly, composed of the Senators and Deputies elected in a single-member constituency representing the respective Department in the National Congress.
The Consultative Assembly and the Departmental Audit shall elect from among its members a President, a Vice President and a Secretary.
They are the privileges of the Consultative Assembly and Departmental Audit:
Audit of the acts of the Prefecture;
Dictate, at the initiative of the Prefect, on the Annual Operational Plan Departmental Budget Project for presentation to the Legislative Branch.
Dictate the expense and investment account of the Prefect;
Ask the Prefect for verbal or written reports for audit purposes and propose investigations into any matter of departmental interest;
Interpellating to the Prefect and agree to the censorship of their acts by two-thirds of the total votes of their members. The censure has the effect of the resignation of the Prefect, which can be accepted or rejected by the President of the Republic.
Reunite, at the invitation of its President or the Prefect, when the Chambers of Senators and Deputies are in recess. In cases of urgency in any period authorized by the Chambers;
The organization, operation and attributions of the Consultative Assembly and Departmental Audit are defined by Law;
TITLE THIRD JUDICIAL POWER
CHAPTER I GENERAL PROVISIONS
ARTICLE 116.- The ordinary jurisdiction and the administrative litigation are exercised by the Supreme Court of Justice, the Superior District Courts, and the courts and judges that law establishes. No one can be tried by exception courts.
The ability to judge in the ordinary and contentious administration and to enforce the trial, correspond to the judicial branch, under the principle of judicial unity.
The judicial branch has economic autonomy and administrative. The General Budget of the Nation will assign an annual departure, centralized in the Judicial Treasury, that will function under the Council of the Judiciary. The Judiciary is not empowered to create or establish fees for services.
Gratuitousness, publicity, speed and probity are essential conditions of the administration of justice. The Judicial Branch is responsible for providing free legal defense to the indigent, as well as translator when their language is not Spanish.
Judgments, orders and orders must be heard in public hearings, motivated and motivated.
ARTICLE 117.-
Supreme Court is the highest Court of Ordinary and contentious-administrative Justice of the Republic.
It consists of twelve ministers who organize themselves in specialized chambers. The President of the Supreme Court is elected by the Full Room of its members and exercises its functions according to Law
To be Minister of the Court the conditions required to be Senator are required, to have title of lawyer, to have For ten years the judiciary, the profession or the chair with suitability.
They are elected by two-thirds of the total members of the National Congress, from payroll proposed by the Council of the Judiciary. They perform their duties for a personal and unextendable ten-year period, computable from the day of their possession and cannot be re-elected but spent a period.
CHAPTER II SUPREME COURT OF JUSTICE
ARTICLE 118.- They are the Supreme Court's powers:
To direct and represent the Judiciary;
To appoint, by two-thirds of the votes of the members of the Plena Chamber, to the Vocals of the District Courts of Payrolls proposed by the Council of the Judiciary;
Resolve appeals and nullity in the ordinary and administrative jurisdiction;
Address the competences that are raised among the Superior Courts of the District;
To be in a single instance in the trials of responsibility against the President and Vice President of the Republic, Ministers of State and Prefects of Department, for crimes committed in the performance of their duties, at the request of the Attorney General of the Republic, indictment of the Criminal Chamber and trial of the Plena Chamber, after authorization of the National Congress granted by two-thirds of votes of the total of its members. After the mandate of these authorities, congressional authorization will not be required;
Fallar, also in a single instance, in the causes of criminal responsibility followed at the request of the Attorney General of the Republic, after the prosecution of the Criminal and Trial Chamber of the Plena Chamber, against the Comptroller General of the Republic, Vocals of the Supreme Courts, Ombudsman, Vocals of the National Electoral Court, and the Superintendent of Banks and Financial Entities, for crimes committed during the exercise of their functions;
Resolve the contentious causes that result of the contracts, negotiations and concessions of the Executive Branch and of the litigation-administrative claims to which the resolutions of the same are to be found.
CHAPTER III COUNCIL OF THE JUDICIARY
It is presided over by the President of the Supreme Court of Justice and composed of four members called the Directors of the Judicature with the title of lawyer in national provision and with ten years of exercise
they are appointed by the National Congress for the vote of two-thirds of the total of its members. They perform their duties for a period of ten years not being able to be re-elected, but a period of time. ARTICLE 120.- They are the powers of the Council of the Judiciary:
Propose to the Congress payroll for the designation of the Magistrates of the Supreme Court of Justice; and the latter for the designation of the Vocals of the Superior Courts District;
Propose payroll to the District Superior Courts for the designation of Judges, Notaries and Registrar of Royal Rights;
Manage the Judicial Escalation, exercise disciplinary power over all Ministers, Vocal, Judges and Judicial Officials;
Process on the disciplinary path to Magistrates of the Supreme Court, Vocals of Superior Courts of the District, Judges and judicial officials for the faults and contraventions in the exercise of their functions, temporarily suspending them by an absolute majority of votes of the total of their Member States and, where appropriate, by making them before the competent court;
Develop the draft of the annual budget of the Judiciary for its purpose to the Legislative Branch, and implement it in accordance with the Financial Law under the control of the tax;
Extend the payrolls referred to in points (a) and (b) of this Article, at the request of the body
TITLE FOURTH CONSTITUTIONAL COURT
ARTICLE 121.- The control of the constitutionality and judicial interpretation of the Constitution is exercised by the Constitutional Court. It is independent of the other organs of the state and is subject only to the Constitution.
It consists of five members called the Magistrates who make up a single Chamber and are appointed by the Congress for the vote of two-thirds of the total.
The Magistrates of the Constitutional Court shall be chosen among judges, prosecutors, professors and professionals, with the title of a lawyer in national provision and with more than ten years of appropriate professional practice, who meet the the same conditions as to be Senator.
Exercise their functions for a period of ten years For a period of time, a period may be reelected. The status of the Constitutional Court Magistrate is incompatible with any other public function or
private activity. The criminal prosecution of the Magistrates of the Constitutional Court for crimes committed in the exercise of
its functions, is governed by the rules established for the Magistrates of the Supreme Court of Justice. The Constitutional Court is based in the city of Sucre. ARTICLE 122.- It is the responsibility of the Constitutional Court to know and resolve:
The matters of pure right on the unconstitutionality of laws, decrees and any kind of resolutions. In the event that the action is abstract and remediated, the President of the Republic, one third of the Deputies or the Senators, and the Attorney General of the Republic, may be brought together;
The conflicts of competition and controversies between the Public Powers, the National Electoral Court, the Departments and the Municipalities.
The challenges of the Executive Branch to the legislative, prefectural and municipal;
The resources against taxes, taxes, fees, patents, rights or contributions created, modified or suppressed in violation of the provisions of the Constitution:
The resources against resolutions of the Legislative Branch or any of its Chambers, where such decisions affect one or more rights or specific guarantees, regardless of the persons concerned:
The review of the resources of constitutional protection and habeas corpus;
To know and to resolve the direct actions of nullity in respect of article thirty and one of this Constitution;
To acquit the consultations of the President of the Republic, the President of the National Congress and the President of the Supreme Court of Justice on the constitutionality of a law, decree or resolution, applicable to a specific case. The opinion of the Constitutional Court compels the body that carries out the consultation;
Claims regarding procedural defects in the reform of the Constitution.
ARTICLE 123.- Against the judgments and orders of the A Constitutional Court has no recourse. The sentence declaring the unconstitutionality of a law, decree or any kind of resolution, makes
inapplicable the rule challenges and will have full effects with respect to all. The judgment that is circumscribed to the subjective estimation of a right is limited to declaring its inapplicability to the specific case.
Unless the judgment provides otherwise, the validity of the rule in the parts not affected by the law will remain. declaratory of the unconstitutionality.
The sentence of unconstitutionality will not affect previous sentences that have quality of res judicata. The Law will regulate the organization and functioning of the Constitutional Court, as well as the conditions
for the admission of the resources and their procedures. TITLE FIFTH
DEFENSE OF THE SOCIETY CHAPTER I
PUBLIC MINISTRY ARTICLE 124.- The Public Ministry is a body with functional independence, which aims to
promote the action of the justice, to defend the legality, the interests of the state and society, in accordance with the provisions of this Constitution and the laws of the Republic.
The Public Ministry represents the State and the society in the framework of the law, exercises by the Commissions that appoint the Chambers and, in the cases established by law, by the Attorney General, the Prosecutors of the Supreme Court, District Prosecutors, Prosecutors of Superior Chamber and other officials who are composed of the Ministry.
The Public Ministry enjoys functional, administrative independence and autonomy of execution. In the exercise of his duties.
The Directorate of the Judicial Police Diligence is in charge. It is an entity of public, organic and hierarchical law. ARTICLE 125.-Deleted.
He cannot be dismissed but on the basis of a damning sentence following the indictment of the Chamber of Deputies and trial in a single instance The Chamber of Senators.
To be Attorney General of the Republic requires the same conditions as to be Magistrate of the Supreme Court.
The Attorney General of the Republic must inform the Legislative Branch at least once to the year and can be cited at any time by the Legislative Power Commissions.
establishes the structure, organization and functioning of the Public Ministry. CHAPTER II
OMBUDSMAN ARTICLE 127.- The Ombudsman ensures the validity of the rights and guarantees of persons in
relation to the activity of the national, departmental and municipal administrations. The Ombudsman does not receive instructions from the public authorities and enjoys functional autonomy and
administrative in the exercise of his duties. The budget of the Legislative Branch will provide a basis for the operation of this institution. ARTICLE 128.- To be a Ombudsman, the same conditions are required as to be a Senator. He is elected by Congress by two-thirds of the total votes of its members. He exercises his duties for a period of five years. He can be re-elected once, after a period. He enjoys the same immunities and prerogatives as the Senators. The Ombudsman's role is incompatible with any other public office or private activity. ARTICLE 129.- The Ombudsman has the power to bring a direct appeal for nullity, amparo, and
habeas corpus. The Ombudsman has free and unrestricted access to the state's social media. All authorities and public officials have an obligation to provide the Ombudsman with the
information he requests, within the time limit he establishes under the penalty of being prosecuted as prisoners of attack against the rights and constitutional guarantees.
The Ombudsman has free access to detention and detention centers. ARTICLE 130.- The Ombudsman must inform Congress about his management at least once to the
year. It may be convened by any of the Congressional Committees for legislative and oversight purposes. ARTICLE 131.- The law establishes the organization and competence of the Ombudsman and the form of designation of
its auxiliary delegates. PART THIRD
SPECIAL REGIMES THIRD TITLE
AGRARIAN AND PEASANT REGIME ARTICLE 171.-
cultural, economic and
rights are guaranteed, respected and protected under the law Indigenous peoples who live in the national territory and especially those related to their identity, values, languages, customs and institutions.The State recognizes the legal personality of the indigenous and peasant communities and of the peasant associations and unions, according to the law.
The natural authorities of Indigenous and peasant communities may exercise administrative and jurisdictional functions in accordance with their own rules, customs and procedures, provided they are not contrary to this Constitution and the laws. The law will establish the coordination of this special jurisdiction with the Judiciary.
TITLE SIXTH MUNICIPAL REGIME
ARTICLE 200.- The Government and the Municipal Administration are in charge of Autonomous Municipalities and of equal hierarchy.
Municipal Autonomy consisting of the regulatory authority, executive, administrative and technical in the field of their territorial competence.
The Municipal Government is in charge of a Council and a Mayor. Councillors are elected on a universal, direct and secret ballot for a period of five years, by a system
of proportional representation determined by law. The candidate for mayor is considered as a candidate for the citizen, who is listed first in the list of parties. The municipal elections will be held in the middle of the ordinary constitutional period of the President of the Republic.
The Mayor, who is part of the Council, is elected by a citizen, universal, direct and secret vote, by absolute majority of valid votes. The elected mayor does not apply the constructive vote of censure.
If none of the candidates obtained the absolute majority of valid votes in the municipal elections, the Council will take the two who have obtained the highest number of votes. and among them will make the election by absolute majority of valid votes of the total of the members of the Council, by voice vote and payroll. In the event of a tie, the vote shall be repeated for three consecutive opportunities in oral and nominal form. If the tie persists, the candidate who has obtained the simple majority of votes in the corresponding municipal election will be proclaimed.
The law will determine the number of Councilmembers of each municipality in proportion to the number of inhabitants of the municipal jurisdiction, according to the last census.
ARTICLE 201.- The City Council has the regulatory and oversight powers. The ordinances of patents and taxes and the borrowings require approval by the Chamber of Senators, prior to the technical opinion of the executive branch.
The Municipal Mayor has the executive, administrative and technical power. At least one year after the election of the Mayor who has been elected in accordance with paragraph 6 of
200the Council may censure and remove it for three fifths of the total of its members, by means of a constructive vote of censorship, that is, provided that it simultaneously chooses the successor of the Councilors. The successor thus elected shall exercise the position until the end of the interrupted period. This procedure cannot be retried until one year after the change of a mayor, nor in the last year of municipal management.
ARTICLE 202.- Municipalities can be associated, pooled and merged between if and to carry out all kinds of acts and contracts with the Executive Branch and the Prefectures as well as with public and private persons for the best fulfillment of their purposes.
ARTICLE 203.- Each Municipality has a territorial jurisdiction and determined. The law will order the entire national territory in municipal jurisdictions to be established
following parameters of population, situation and socio-economic potential, financial, technical and administrative capacity, as well as ecological conditions to ensure the proper use of the territory, in order to promote development with social and territorial balance. Communities that meet these requirements will be recognized as Municipalities according to the law,
ARTICLE 204.- To be a member of the Municipal Council, it is required to be at least twenty-one years old and to be domiciled in the
ARTICLE 205.-
law determines the organization, functioning and attributions of the Municipal Government. NATIONAL POLICE REGIME ARTICLE 215.- The National Police, as a public force, has the specific mission to ensure the
compliance with laws, the preservation of public order and the defense of society throughout the country. national territory. It does not deliberates or participate in partisan politics. It is governed by its Organic Law. As an institution of public service, it exercises the police function in its integrity under single command.
TITLE NINTH REGIME ELECTORAL
CHAPTER I SUFFRAGE ARTICLE 220.-Son constituents all Bolivians over 18 years of age, whatever their degree of instruction, occupation or rent, without further requirements than their registration in the Register
the municipal elections, foreigners will be able to vote in the conditions that establish the law. ARTICLE 221.- Citizens who meet the requirements established by the Constitution and the
Law are eligible. PART FOURTH
PRIMACY AND REFORM OF THE CONSTITUTION TITLE II
REFORM OF THE CONSTITUTION ARTICLE 230.- This Constitution can be reformed, by the vote of two-thirds of the total members in each of the Chambers through the ordinary legislative procedure.
If the House review is limited to amending or amending the draft, it shall be deemed to have been approved in the event that the House of origin accepts for two-thirds of the total of its members. amendments or amendments. But if he does not accept them or if he corrects them and alters, the two chambers will meet in Congress to convene any of their presidents within the next ten days, to deliberate on the bill, which must be approved by the vote of two votes.
The reform by Congress will pass to the President of the Republic for enactment without it being able to veto it.
ARTICLE 231.- When the reform affects the preliminary title of the Constitution will declare the need for reform in a law whose text will determine it accurately, which must be approved by two-thirds of the total members of each of the Chambers.
The Declaration of Reform Law will be sent to the President of the Republic for promulgation, without it being able to veto it.
In the first sessions of the legislature of a new constitutional period will be considered the text by the House that projected the reform, adjusting to the text of the declaratory law that, approved by two thirds of the votes, will pass to the other for its review, that will also require two-thirds of the total votes of its members.
The Chambers will initiate, deliberate and will vote on the reform in line with the legislative procedure. Sanctioned the reform will pass to the Executive Branch for enactment, without the President of the Republic
being able to veto it. ARTICLE 233.- When the amendment is relative to the constitutional period, it will be accomplished only in the following
period. TRANSIENT article.- The form corresponding to all the articles of the
Constitution shall be modified to be altered by changes in the number, denominations, faculties, and institutions contained in this Law, The corresponding adjustments and concordances must be made in the Law of the Reform of the Political Constitution of the State.
For the purposes of this Law the incorporation, deletion, relocation and merger is understood as modification. of the corresponding articles
Remitase to the Executive Branch for purposes constitutional. Meeting Room of the H. National Congress of La Paz, March 31, 1993 Fdo. Guillermo Fortuna Suarez, Gaston Encinas Valverde, Carlos Farah Aquim, Oscar Vargas Molina, Walter
Villagra Romay, Arturo Liebers Valdivieso.
, I enact it so that it has and complies with the Republic Act. Palace of Government of the city of La Paz, on the first day of the month of April of a thousand nine hundred and ninety-three
FDO. LUIS OSSIO SANJINES, Interim Constitutional President of the Republic, Marco Antonio Oviedo
Huerta Min. of the Interior Migration, Justice and Social Defense.
