Judicial Appeal Process: Understanding Legal Recourse

Understanding the Judicial Appeal Process

Item 23. This document details the ordinary appeal and its effect as a stay of execution.

An appeal can be filed against all court orders without exception, provided that any injury sustained justifies its filing, thus serving as a means of assessment and review.

It also functions as a legal remedy, as it allows for the request of modification or revocation of a judgment.

The appeal enables two levels of jurisdiction, meaning it has no limitations on the grounds for its filing.

One can also assert the invalidity of a judgment if it violated a procedural rule that caused a denial of due process, or if there was a breach of an essential procedural requirement (also resulting in a denial of due process).

The appeal, by enabling a double degree of jurisdiction, constitutes a new phase in the initial process. Therefore, the judge of the second instance must possess the same powers of knowledge as the court of the first instance.

On a procedural level, the principle of estoppel applies: what is not done within the prescribed period cannot be done later. The legislator sets deadlines, and once they have passed, certain actions cannot be taken.

The principle of non-reformatio in peius (reformation to the worse) ensures that the appellant's situation cannot be prejudiced by their own appeal.

Resolutions Susceptible to Appeal

• Against final judgments that are appealable.
• Against final orders.
• As an exception, against specific court orders (autos) expressly established by law.

Effects of the Appeal

• Devolutive Effect: If applicable, the case is transferred to a higher court.
• Suspensory Effect: When the appeal concerns a judgment granting relief, its execution is suspended until the appeal is resolved. The Civil Procedure Law (LEC) generally provides for provisional execution.

Provisional execution can be requested unless the law provides otherwise, which helps prevent appeals from having a purely dilatory effect.

Legitimacy to Appeal

Standing and legitimacy to appeal are attributed to any party who believes the judicial resolution is detrimental. Only those who feel aggrieved can file an appeal.

The appeal process begins with an announcement by the aggrieved party. The intention to appeal must be announced within 5 days to the court that issued the resolution. This written announcement must specify the aspects considered detrimental or the procedural rules violated.

Subsequently, there is a period of 20 days to formally lodge the appeal with the same body that issued the decision under appeal.

If the appeal is based on a violation of procedural rules and due process, the brief must indicate which standards were violated, express the resulting denial of due process, and also prove that the infringement was reported promptly.

The appellant should request the evidence deemed appropriate for the judgment. Evidence is presented and heard in the second instance.

The first instance judge sends the case file to the higher court and shall summon the parties to appear before the higher court.

Evidence in Second Instance

Evidence may be presented in the second instance when new facts have arisen after the deadline for judgment, or when there is a justified reason. Documents can also be presented in the second instance in cases provided for in Article 270. Furthermore, evidence that was improperly rejected in the first instance can be presented in the second instance, provided a proper proposal was made in the first instance.