Bill would require reasons and publication in constitutional appeals

Automatic summary, not yet reviewed

1. The bill responds to the fact that almost all constitutional appeals (recursos de amparo) are dismissed, often without explaining the reasons to the person who filed them.
2. The bill proposes that decisions to admit or dismiss an appeal take the form of an autoAuto A court ruling that must state its reasons, unlike a providencia., a ruling that must state its reasons. The person filing the appeal would learn the legal grounds for rejection, especially when lack of special constitutional relevance is invoked.
3. It also proposes publishing admission and dismissal rulings on the Constitutional Court's website every six months, with a brief summary of each ruling and its content.
4. Appeals filed before the law takes effect would follow the previous rules, and the law would enter into force on January 1, 2021.

Who it affects

• People who file constitutional appeals: They would receive reasoned decisions and learn why their appeal was rejected.
• Lawyers and legal professionals: They could advise clients better using the published criteria.
• Constitutional Court (Tribunal Constitucional): It would have to give reasons for and publish its admission and dismissal rulings every six months.

Words worth knowing

Recurso de amparo

An extraordinary appeal to the Constitutional Court when fundamental rights are violated.

Auto

A court ruling that must state its reasons, unlike a providencia.

Providencia

A simpler court ruling that does not require reasons.

Especial relevancia constitucional (special constitutional relevance)

A requirement for the Constitutional Court to hear an appeal: the issue must matter for interpreting the Constitution or fundamental rights.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries