The Admissibility of the Cassation Appeal

Analysis from a Constitutional Approach

Abstract

The cassation appeal constitutes an extraordinary and exceptional judicial mechanism; which purpose is to guarantee the correction of the judicial decisions in the administration of ordinary justice. As such, the admissibility of appeals must meet the constitutional precepts of the right to access justice. The function of the Associate Judges of the National Court of Justice is to verify compliance with formal requirements in order to admit an appeal for cassation. Evidently, that judicial procedure of formal verification is subject to the constitutional framework. The lack of proper examination may cause this remedy to be inadmissible, which would constitute a violation of the effective judicial protection and the breach of the State"™s duty to correct the judicial error. This is the subject that the present article addresses.