The appeal and the right to appeal in matters of consumer defense, before the hierarchically superior body of justice

Abstract

In the following research project, jurisprudence and laws refer to the right to appeal and recourse to higher courts. It is done to determine the provenance and requirements of the doctrinal interpretation of the right of recourse and appeal concerning the competent courts according to their hierarchical level. This leads to a positivist interpretation of legal regulation. The right to appeal fulfills its objective of protecting the individual by creating a recursive mechanism that allows them to appeal to a higher judge to review the previous decision. For this reason, the hierarchical level of the bodies competent to give answers in the first instance must be taken into account. Also, to ensure compliance with internationally enshrined rights, it is not only necessary that they be established in a norm but also that they be effectively enforceable to generate legal certainty. The right to recourse presupposes that the alternative is ordinary, practical, accessible, with full review and that the minimum guarantees of due process are respected. To ensure that these requirements are met, the appeal must be heard by a higher court in the hierarchy of the State's appeal system. In this way, the higher court's decision is guaranteed to be different from that of the court that issued the first sentence. This decision is based because it respects constitutional rights and those established by international instruments.

Keywords: Defense, consumer, legal guarantees, right to justice.