La Fijación Definitiva de Sentencia en los Procesos Contencioso Administrativos de Nulidad de Elección de Única Instancia

Abstract

This theoretical and academic document proposes a new procedural stage, the Final Hearing of Judgment, which serves as an instance within the means of control for Electoral Nullity in single-instance processes, where the appeal procedure is not applicable. This academic compilation demonstrates the violation of a range of fundamental rights for the procedural subject subjected to the administration of justice. The assignment of single-instance procedures and the restriction of procedural guarantees, such as the right to appeal, based on the individual’s status as a member of an autonomous corporation and an elected official in municipalities with populations of fewer or more than 70,000 inhabitants, is neither a proportional nor adequate criterion to justify the restriction of fundamental and procedural rights for procedural subjects of equal legal and constitutional standing. The goal is to ensure the proper administration of justice, promote equality, and prevent constitutional violations for procedural subjects subjected to administrative contentious processes in electoral nullity cases, through the implementation of the Final Hearing of Judgment as an additional and final instance in the electoral nullity procedural stage.