Revista Eletrônica de Direito Processual (Aug 2017)
THE IMPAIRMENT OF THE DOUBLE INSTANCE IN THE ORAL MERCANTIAL TRIAL TRASGRIES STANDARDS OF THE SIDH
Abstract
The paper presents the parameters of judicial protection and procedural safeguards provided for in the American Convention on Human Rights insofar as the existence of a simple and effective ordinary remedy, as well as the legal nature of the appeal different from that of the direct amparo trial regulated in Mexico ; Analyzes the current legislation and the criteria issued by the national courts regarding the inadmissibility of ordinary remedies in commercial oral trials determining that such a situation does not guarantee prompt justice and judicial arbitrariness.
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