The General Congresses of the Republic of Paraguay of 1841 and 1844 and the classic theories of contractualism

Abstract

This essay seeks to analyze and discuss the construction of the National State, first, making a brief study of the classical theories of contractualism, postulating two crucial problems that these theories propose to solve: the dilemma between the limits to the intervention of the sovereign power and individual freedoms, and the treatment of two expensive goods to individuals when they enter the social body, freedom and obedience. It will be employed the analysis of positive and negative freedom concepts in order to enable understanding of the implications of the state model in the individual liberties. Later, undertakes the study of a case that provides the elements to steer the public debate of the concepts addressed by contractarian theories, namely the General Congresses of the Republic of Paraguay, conducted in 1841 and 1844, where these institutions have set the politicians courses of the First Republic of Paraguay (1811-1870), formally establishing the authority and sovereignty of the body politic that govern individuals under their jurisdiction. So will understand the motivations that engendered the option for a strong state, intervener, in the context of a newly independent republic, where the guarantee of the sovereignty and security were considered vital, essential to ensure national independence.