Understanding Legal Protection Actions and Remedies

Popular Action and Resource Protection

Popular Action and Resource Protection.

1. The Protective Action

The protective action is a specific legal action.

2. Application for Protection is Not a Class Action

The Protective Remedy (PR) is a public, subjective, and personal act, requiring a direct and immediate interest from the aggrieved party. Thus, the appellant must be an individualized person who has suffered an injury in the legitimate exercise of fundamental rights and freedoms (DDFF) to invoke protection under the exhaustive enumeration of Article 20 of the Political Constitution (C. political).

• Writing Problem: Article 20 of the C. Political and Article 2 of the AA (presumably referring to another legal instrument).
• This requirement for identification and interest of the actor is justified because, in our legal system, the PR is not designed to protect social or collective rights.

If a PR is filed by someone not entitled to actively operate, it does not interrupt the effect of the statute of limitations for the real owner of the action. If the victim does not initiate or have an action initiated in their favor within this time frame, their recourse for protection is extinguished.

The PR is not a class action. In cases where the legislature intended for a popular action, it explicitly stated so, which is not the case for the general protection remedy. Examples include sections 2328 INC2, 2333, 948 CC, and the economic amparo recourse (Infr. Art 19 n 21).

3. Cases Where the PR Operates Like a PA (Popular Action)

Regarding its filing, the PR operates like a Popular Action (PA) in matters concerning fundamental rights and freedoms that are transcendental to life (Article 19, n 1).

The cases where we believe the PR functions as a true class action are:

1. Situations produced by people adopting a "hunger strike."
2. Situations of those who refuse blood transfusion practice.
3. The protection of the life of the unborn.

The Protective Remedy acquires characteristics of a Popular Action concerning the following points:

1. The possibility of operating without the will of the person protected, and even against their will or interest.
2. The inability of withdrawal by the protected party to nullify the effect of the PR and thus avoid the pronouncement of the final decision.

In these cases, "The victim is the whole society, not just the human being or embryo whose protection is requested."