Appeal for casation before the Supreme Court
The cassation appeal would cease to be focused on the satisfaction of subjective interests and rights and would become an appeal fundamentally directed to the creation of jurisprudence. The Supreme Court will only hear those resources that, due to their legal, economic or social significance, deserve a ruling from the Supreme Court with a general projection.
It is therefore the responsibility of the appellant to explain to the Supreme Court carefully and rigorously and in detail in his preparation brief, that his matter, regardless of the subjective interest present in any challenge, is of interest to society and can serve to create jurisprudence. It will be the Supreme Court that, according to its criteria, will select the matters that it considers should merit a ruling on cassation, which is why it has a significant margin of appreciation.
The Appeal for Cassation must be prepared before the Court of Instance within 30 days to be computed from the day following the notification of the resolution being appealed; In said appeal, it is essential to precisely identify the rules or jurisprudence that are considered to be infringed, justify that the infringement (s) charged have been relevant and determinant of the decision adopted in the resolution being appealed, and especially and objectively, substantiate the interest existing matching.
After that, the Chamber by means of a reasoned order, will have the appeal for cassation as prepared, ordering the parties to be summoned to appear within a period of 30 days before the Contentious-Administrative Chamber of the Supreme Court.
They can be appealed in Cassation:
- Sentences issued in a single instance by the Contentious-administrative Courts and those issued in a single instance or on appeal by the Contentious-administrative Chamber of the National Court and by the Contentious-administrative Chambers of the Superior Courts of Justice. Resolutions issued in a single instance by the Administrative Litigation Courts are only appealable when they contain doctrine that is considered seriously harmful to general interests.
- Sentences issued by the Contentious-Administrative Chambers of the TSJ when the appeal is based on infringement of state or European Union law that is relevant and determining the contested ruling, duly invoked in the process.