Judicial Process: Structure, Principles, and Resolutions
The Judicial Process and Its Acts
1. Defining the Judicial Process
The judicial process is the method followed in carrying out the function of jurisdiction for the purpose of effective judicial protection.
Terminology Distinction
- Process: The general instrument of the court used to implement Judicial Power and protect violated rights and interests.
- Trial (Enjuiciamiento): Sometimes used as a synonym for the process, although the process is a broader concept and includes legal actions before and after
Brazilian Labor Law: Labour Court Jurisdiction and Key Principles
Constitutional Amendment No. 45/04
Following the enactment of Constitutional Amendment No. 45/04 by the National Congress on December 8, 2004, the jurisdiction of the Labour Court was expanded under Article 114 of the 1988 Constitution.
The Labour Court’s jurisdiction was extended to adjudicate all actions arising from the employment relationship, not just those governed by the Consolidation of Labor Laws (CLT).
Article 114 affirmed the normative power of the Labour Court and assigned it new responsibilities.
Read MoreConstitutional Guarantees of the Spanish Judiciary and PPO
Judges, Magistrates, and the Public Prosecutor’s Office
1. Constitutional Guarantees of Judges and Magistrates
A. Concept of Constitutional Guarantees
The Constitution provides a series of guarantees for judges and magistrates, distinct from those of other public officials, primarily to safeguard the correct exercise of jurisdictional power. These guarantees protect both the judges and magistrates themselves and the citizens.
Article 117.1 of the Spanish Constitution states: “Justice emanates from the
Read MoreFundamentals of Commercial Law and Legal Sources
Commercial Law: Formal and Material Sources
Functions of Commercial Law
Commercial Law is a branch of law specializing in civil rights, aiming to regulate economic reality. It arose from the inability of civil law to adequately regulate complex economic activities.
The first major formulation was the Code of Commerce (1885).
Commercial Law is essential for economic security. It generates coverage rules for economic operators:
- Internally: Within their organization (e.g., partnership agreements).
- Externally:
Administrative Appeals and Sanctions in Public Sector Law
PART IV: Administrative Appeals (Continuation)
Section Two: Appeal for Reconsideration
Article 94. The appeal for reconsideration against any official act, intended for personal use, must be filed within fifteen (15) days of notification of the contested decision, before the official who issued it. If the act does not conclude the proceedings, the court before which this appeal is filed shall decide within fifteen (15) days of receipt. Such action cannot be brought against this decision.
Section Three:
Read MorePenal Provisions and Procedural Rules for Special Crimes
Specific Circumstances and Affected Persons
3. …governing the Electoral Power; affected members of the Bolivarian National Armed Forces on active duty and the exercise of their duties; officers or officials of public security bodies and organs; heads of diplomatic or consular missions accredited in the country; and their relatives within the third degree of consanguinity and second degree of affinity.
- Committed to cause disturbance or public alarm.
- Committed against a relative within the fourth degree