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ARTICLES

LEGAL RESOURSES

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    • ARTICLE 133-D: REQUIREMENTS TO BE MET BY THE FILING OF THE APPEAL FOR EXCLUSIVE SUBSTANTIVE REVOCATION

     

    The filing of the appeal for exclusive substantive revocation must meet the requirements set forth in articles 18 and 122 of this Code (CFF: Art. 18) (CFF: Art. 122) and also indicate:

  • The express statement that the appeal for exclusive substantive revocation is chosen.

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  • The brief and concrete expression of the substantive grounds for appeal.

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  • The indication of the origin of the grounds for appeal, specifying whether it is derived from:

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  • The manner in which the facts or omissions reviewed were analyzed;

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  • The interpretation or application of the norms involved;

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  • The effects attributed to the total, partial or extemporaneous breach of the formal or procedural requirements that impact or transcend the merits of the dispute;

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  • If any of the above assumptions are coincident;

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  • Requires the release of the hearing to state the reasons why it considers to be right, in the presence of the competent administrative authority to resolve the appeal for exclusive substantive revocation and the authority that issued the decision appealed.

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    The promoter must attach to the letter promoting the appeal for exclusive substantive revocation, the same documents provided for in article 123 of this Code (CFF: Art. 123), observing the modalities for the documentary evidence contained in said legal precept, and must expressly relate the evidence that it offers with the facts that it intends to accredit through them.

    When any of the requirements that must be contained in the notice of interposition of the appeal for exclusive substantive revocation is omitted, the promoter will be required to comply with said requirements within the period of five days from the date of the notification of said requirement. Failure to do so or if they are notified that only grounds for appeal regarding matters of form or procedure are caused, the appeal for revocation will be processed in a traditional manner.

    In the event that the promoter, once it has opted for the appeal for exclusive substantive revocation, formulates in its promotion substantive grounds for the appeal and form or procedure, these last two shall be deemed not formulated and only substantive grounds for appeal will be resolved.

    If the promoter satisfies the requirements that the promotion of the appeal for exclusive substantive revocation must contain, the authority in charge of the resolution of the same shall issue the official letter through which the appeal is accepted.