Lip Remove Scartissue

ORDERED that are accepted for processing the request for defense

EXP.

No. HUANUCO
03373-2010-PA/TC
ENMER RIVERA FERRER




RESOLUTION OF THE CONSTITUTIONAL COURT



Lima, October 20, 2010



SEEN



The resource Enmer constitutional tort brought by Rivera Ferrer against the decision issued by the Civil Chamber of the Superior Court of Justice of Huanuco, on pages 77, dismissed the demand for cars, and



SERVING



1. That the applicant petitioning for protection against the Provincial Municipality of Huanuco in order to suspend the effects of Resolution No. 594-2010-MPHCO-A, dated May 2, 2010, which has expressed ratify the Legal Opinion No. 1300-2009-MPHCO-GAJ (Recommend dismissed as unfounded the appeal for reconsideration against the resolution Management No. 715-2009-MPHCO-GPDE) and declared inadmissible the application for administrative silence.



2. That the applicant states that following the complaint of her former partner before the defendant is arbitrary and unmotivated canceled municipal operating license for his shop and was granted within two days to close such premises without taking into account Discharges to submit timely and refute the arguments of the entity located, violating their freedom of work and proper reasons for decisions.



3. The Second Joint Court dismissed the claim Huánuco under Article 5., Clause 1) and 2), Constitutional Procedural Code on the grounds that due process of law is an adequate way to elucidate the conflict area of \u200b\u200bcars. For its part, the Civil Chamber of the Superior Court of Justice confirms Huánuco appealed for the same reasons.



4. That the Constitutional Court has repeatedly held that the rejection in limine in demand is an alternative to it only come when there is no room for doubt regarding the development of a process in which fundamental rights have been respected, which is, however, that where there are elements trial to support a reasonable margin of debate or discussion, the application of the device that provides such a preliminary rejection will be irrelevant.



5. That in this case should not have rejected the demand in limine, since the review of case file shows that this should be accepted for processing, in order to ascertain whether the alleged wrongful acts by the appellant violated his fundamental rights, such as the rights to the motivation or the proportionality of the penalty, among other things that the judges deem appropriate.



For these reasons, the Constitutional Court with the authority under the Constitution of Peru







RESOLVED 1. REVOKE the ruling and appealed the decision.



2. Therefore, ORDERED that the admission of processing the request for defense, running the transfer to the Provincial Municipality of Huanuco and proceed according to the statement in paragraph 5 of this resolution.





Published and notifíquese.



SS. BEAUMONT



Callirgos

ETO STREET CROSS Hayen