Recent Jurisprudence – Right of Appeal and Constitutional Sub-Guaranties

May 1, 2012
Recent Jurisprudence – Right of Appeal and Constitutional Sub-Guaranties

Recently, the First Collegiate Court on Administrative Matters of the First Circuit issued court precedent numberVI.1o.A. J/54(9a.) titled “Appeal. The guaranty contained in Article 8 of the Constitution consists of varioussecondary guaranties that form part of it and that should be considered by the district judge during the amparoaction for the violation of such right.” In this legal decision, the Court determined that the sub-guaranties thatform part of the right of appeal are: a) to provide a written response to the appeal filed by a party; b) that theresponse is consistent with that requested by such party; and c) to provide a response to the appeal within a brieftime period. In this sense, it is important to determine the conduct of the corresponding authority upon thepresentation of a request before such authority in order to determine if any of these sub-guaranties have not beenobserved and, if convenient or necessary, file an amparo action challenging the conduct of such authority.

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