How does the appeal proceed?

The code of civil procedure establishes the offices competent to decide on the appeal. The judgments of the Justice of the Peace are appealed before the competent Court, which will perform the function of an appellate judge, while those issued by the Tribunal must be opposed before the competent Court of Appeal.

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The appeal judgment can be carried out in the main form. It is introduced with an act of summons in which we find the summary presentation of the facts and the specific reasons for the appeal. The appeal can also be made in an incidental form, which necessarily follows the presentation of an appeal mainly. It is necessary, at this point, to specify how the cross-appeal meets the mandatory requirements established by law according to which in order to introduce an appeal in an incidental way it is necessary to proceed through the act of response, at the moment of the establishment in the registry. This time limit operates under penalty of forfeiture, which means that beyond this term [so-called late constitution] it will not be possible to propose an incidental appeal, which will be defined inadmissible.

  • Judgments rendered by the appeal judge who judges not as a judge of the appeal (as specified above) but in relation to a question that is directly proposed to him: a typical case is a judgment in which the parties ask for a sum by way of reparation for a process that lasted too long (so-called violation of the principle of the reasonable duration of the process);
  • Judgments that preliminarily ascertain, in the context of a dispute relating to an employment relationship, the effectiveness, validity, and interpretation of collective agreements and agreements applicable to the relationship itself and necessary to settle the dispute, insofar as they contain the applicable legislation;
  • Judgments that decide on the nullity or validity of the arbitration award;
  • Judgments that concern only a matter of jurisdiction;
  • sentences that are qualified as not appealable by special legal provisions;
  • Judgments on which an agreement of the parties is in force, which – preliminarily – waive the appeal judgment.

As for the latter hypothesis about the exclusion of the appeal based on an agreement between the parties, Brownstone Law refers to the hypothesis in which the parties agree not to challenge the judgment by appeal but directly with an appeal to the Court (the third degree of judgment mentioned above).

The appeal is, however, admitted, but with very specific limits, against the judgments of the justice of the peace pronounced according to equity.

What is the appeal reserve?

In addition to the final judgments – so-called because they conclude the judgment – the following are appealable:

Partially definitive sentences: these are the ones that do not conclude the process but decide a specific question. Sentences that are not definitive in the proper sense, that is, those that do not close the process.

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