A remedy of an administrative nature of an optional nature is known as an appeal for reconsideration, which is used to interpose administrative acts that are executed by the public administration and that end up exhausting the administrative route. This appeal runs before the so-called contentious-administrative appeal. It is important to note that the appeal for reversal executed against judicial decisions and orders of the same type is totally different from the appeal for reversal of an administrative nature.
Within procedural law, this appeal has the ability to be filed within any instance, including extraordinary appeals, this means that it is a simple ruling issued by the court that can be revoked.
This can proceed only when it is filed in writing and within a period of 30 days when the notification is express and within a period of 90 days if it is presumed. Likewise, it must be founded, in this way this resource stands as a form of challenge established by law favoring an aggrieved party by a decree and exceptionally by an interlocutory sentence, with the purpose that the same court that has it established, proceed immediately to modify it or instead leave it without effect. Therefore, it could be said that it is a resource that is commonly used to interpose decisions that have the aforementioned character.
It is possible to resort to resolutions and procedural acts that end with the administrative route, but for this it is important that the aforementioned elements have a direct or indirect decision in the matter in question, as well as determine the impossibility of continuing with the procedure, determine indecision irreparably to legitimate interests, being able to establish grounds on any of the grounds for voidability or nullity.
It is important to mention that, thanks to the optional nature of the appeal for reconsideration, it is possible to challenge acts directly through the contentious-administrative appeal before the courts and tribunals of the administrative-contentious jurisdiction. However, it should be noted that, if the appeal for reconsideration has already been filed, the contentious-administrative appeal may no longer be used, if not until once it has been expressly finalized or until the presumed dismissal of the appeal has been achieved. appeal filed.
