Resource (right)

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The appeal, in law, is a means of challenge against judicial decisions that have been taken on a specific process.

The appeal is filed by the party that has not seen its objectives satisfied in the resolution that it wants to appeal and requests a new study by another body, normally the hierarchical superior of the person who issued the resolution, in order to achieve its objectives. Therefore, it will seek the nullity, cancellation or reform of the content of the resolution.

The fact of being able to request a review of a judicial decision is a right, the right to appeal.

It is intended that the resolution be reviewed by this or another body by conducting a new examination of the circumstances of the specific situation.

Characteristics of the resource in law

The main features are:

  • You can only appeal against judicial decisions that are not final, that is, they do not put an end to the process.
  • In addition, these resolutions must be actionable. The actionable resolutions are determined by law.
  • Both a natural person and a legal person can appeal.
  • It seeks to avoid or reduce errors by judges in the application of the law in their resolutions.
  • You cannot appeal indefinitely, there will come a time in the process where the resources (the possibilities of review) are exhausted.
  • Appeals must be made in the time and manner established by law (normally in writing, with a specified period and with justification), if the requirements are not met, no appeal may be filed.
  • The party who is going to appeal is required to make a monetary deposit in the court.
  • While the contested resolution is being discussed, the effects of the resolution are suspended until the new body decides on the appeal.
  • The appellant cannot see his situation worsened by the appeal any more than what was already in the contested resolution.

Types of resources in law

Taking into account two classifications, the resources can be of the following types:

  • According to competition:
    • Refundable appeals: These appeals are those that are made before another court that is not the one that issued the resolution, normally to the higher court hierarchically.
    • Non-refundable appeals: These appeals are an exception to the general rule that the appeal will be heard by the higher hierarchical court. In this type of appeal, the one that will examine the matter again will be the same court that decided in the first place.
  • According to the required rationale:
    • Ordinary resources: These are those where you can allege what the appellant considers pertinent without being reasons assessed by law.
    • Extraordinary resources: These are those resources where, in order to be admitted, they must be based on reasons pre-established by law.

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