queja de derecho

12:16 Dec 9, 2014 

Yes, it does exist, but it’s called a ‘recurso de queja’ following the pattern where all appeals against sentences etc. in Chile are called ‘recursos de …”.

The recurso de queja was originally allowed for a wide range of claims of miscarriage of justice, but the law has been tightened up over the years - partly because it was being mis-used to get revenge on judges. A judge found 'guilty as charged' in a recurso de queja can be admonished, fined or temporarily suspended.

It is now allowed only in a very restricted number of circumstances, specifically where the judge has made certain kinds of formal procedural error when delivering a decision or sentence. It is therefore a recurso (queja) 'de derecho’ in as much as it is based on an error ‘de derecho’, not ‘de hecho’.

An important difference compared to the Peruvian 'queja de derecho', as I understand it, is that a Chilean recurso de queja can only be made against a judge, and it decided upon by the court of appeal for that judge's jurisdiction. No-one else is (or needs to be) involved (fiscalía, etc.), since it only deals with matters 'de derecho' for which the judiciary has sole responsability.

07:15 Dec 9, 2014 

I couldn't find any examples for Chile either, but because we discovered the term is from Peru I gave up searching.

07:11 Dec 9, 2014 

I haven't found any examples. "Recurso de queja" yes, but no "queja de derecho". It does seem to be a specifically Peruvian term.

07:06 Dec 9, 2014 

not "queja de derecho", Thomas L. West gives "(Chi) special appeal for denial of justice".

07:06 Dec 9, 2014 

(number 139) on page 135 of my reference it explains why 'de derecho' is added.

http://sisbib.unmsm.edu.pe/bibvirtualdata/tesis/human/jeri_c...

02:27 Dec 9, 2014 

and "queja de derecho" are by no means the same ;-)

01:15 Dec 9, 2014 

Well, in Chilean law for starters, a 'queja' is by no stretch of the imagination an 'appeal' (in the widely accepted anglo-saxon sense of that word).

01:11 Dec 9, 2014 

Hard to imagine this phrase having a different meaning, whatever the legal system or country ;-)

23:29 Dec 8, 2014 

This text is from Peru.

23:10 Dec 8, 2014 

As in the vast majority of legal questions here, it is essential to indicate in the question the country whose legislation is being discussed in the ST. Also, the variety of English (us,uk, au, etc.) of the target readership.