LITIGATION
In the case of a Negative Resolution by the Authority or violations to the administrative procedure, the appropriate means of defense must be filed in a timely manner for the adequate defense of the interests of our clients in Administrative Proceedings initiated by the authority, Review Appeals, Requests for Reconsideration of Fines, Revocation Appeals, Requests for Commutation of Fines, Administrative Protection, Nullity Proceedings before the Administrative Justice Courts and, and in general, in all Administrative Appeals or Contentious Administrative Proceedings contemplated in our laws in force, and which culminate in the scenario of an administrative litigation against the executive branch, or in its case, the filing a Legal Protection.
1
Appeal for Review
Existe la posibilidad optativa de presentar un Recurso de Revisión ante el Superior Jerárquico de la Autoridad que emita el acto.
Se cuenta con amplia experiencia en la elaboración, interposición y sustanciación del Recurso de Revisión en sede administrativa.
2
Federal Administrative Contentious Trial
There is also the optional possibility of filing a Nullity Action lawsuit before the Federal Court of Administrative Justice. This lawsuit is also appropriate when environmental groups or members of the community file a lawsuit against the resolution authorizing the project.
We have extensive experience in the preparation, filing and substantiation of the Federal Administrative Contentious Trial (Nullity), as well as its respective instances (Resource of Reclamation and Legal Protection).
3
Legal Protection Trial
In the case of acts of authority that violate the Developer's Constitutional Guarantees, we have extensive experience in the preparation, filing and substantiation of the legal protection trial before the District Courts of the Federal Judiciary, as well as their respective appeals (Complaint and/or Review) before the Collegiate Circuit Courts.
This trial is also appropriate when environmental groups or members of the community file an appeal against the resolution authorizing the project.
4
Administrative Inspection Proceedings
We have extensive experience in the design of the legal strategy and defense of administrative procedures derived from inspections carried out by the Federal Attorney's Office for Environmental Protection in different areas: Federal Maritime Terrestrial Zone, Environmental Impact and Risk, Forestry and Wildlife; we also have experience in the handling of inspections ordered by the Federal Attorney's Office for Environmental Protection, execution of administrative agreements to close files and preparation of Appeals for Review.
5
Federal Oral Criminal Process (Environmental Crimes)
We have the tools to implement defense strategies before the Attorney General's Office (FGR), within the areas specialized in environmental crimes, damage to national assets and others related to permits, authorizations and/or concessions granted by the various authorities in Environmental Matters (Ministry of Environment and Natural Resources, Ministry of Environment of the State, etc.).
6
Action of Patrimonial Liability of the State
The government must pay to the governed a comprehensive repair of the damage caused by an irregular administrative action of the State, by means of an indemnity to those who, without legal obligation to bear it, suffer damages to their property and rights.
The quantification of the payment of the damage must be quantified according to the date on which the injury occurred or when it has ceased, the amount is determined according to the damage or harm caused and the payment can be in cash or in kind by means of an agreement.
We advise our clients to demand the payment of the corresponding compensation through the exercise of the corresponding legal actions.
