Maria Fernanda Case: Legal Hurdles Limit Sentence for Minor, Spark Debate on Justice System

Asunción, Paraguay – The legal framework surrounding the case of Maria Fernanda’s alleged crime has sparked considerable debate regarding the maximum penalty applicable to the minor implicated. Legal experts indicate that the perpetrator, being a minor, faces a maximum sentence of 8 years, a limitation rooted in both the National Constitution and international treaties. According to lawyer Oscar Tuma, any legislative attempt to increase the maximum penalty or lower the age of imputability would directly conflict with international agreements such as the International Covenant on Civil and Political Rights and the American Convention on Human Rights, as well as observations from the UN Committee on the Rights of the Child. Furthermore, Paraguay's National Constitution, in its Article 141, grants these treaties a superior rank to common laws, thereby preventing the retroactive application of any ordinary law that seeks to increase punishment. Despite these legal constraints on sentencing, authorities emphasize that the state retains an ineludible duty to address violence against girls, adolescents, and women with the utmost seriousness. This includes rigorous investigation, appropriate sanctions for all involved parties, and symbolic and institutional reparations. While the loss of Maria Fernanda cannot be undone, the focus remains on preventing similar tragedies through a robust and evolving societal response to such crimes.