Revista Eletrônica de Direito Processual (Aug 2017)

THE IMPAIRMENT OF THE DOUBLE INSTANCE IN THE ORAL MERCANTIAL TRIAL TRASGRIES STANDARDS OF THE SIDH

  • Alfonso Jaime Martínez Lazcano

DOI
https://doi.org/10.12957/redp.2017.30023
Journal volume & issue
Vol. 18, no. 2
pp. 53 – 71

Abstract

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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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