Commentary on Judgment No. 45587 of 2024: Building Offenses and Legitimacy Review

Judgment No. 45587 of November 14, 2024, issued by the Court of Cassation, represents an important reference point in the field of building offenses and the oversight of administrative procedures. In this decision, the Court established that it is not possible, in terms of legitimacy, to review the correctness of the administrative procedures aimed at issuing permits. This jurisprudential orientation has significant implications for professionals in the sector and for citizens involved in building issues.

The Legal Context of the Judgment

The Court of Cassation, with its ruling, reaffirmed a principle already established in previous rulings, highlighting the importance of adhering to administrative procedures without the possibility of review by the Court of Cassation. The principle of the judgment states:

Building offenses - Verification of the correctness of administrative procedures - Legitimacy review - Exclusion. In matters of building offenses, the review of the correctness of administrative procedures aimed at issuing permits is not subject to review in terms of legitimacy, and it is also precluded for the Court of Cassation to ascertain any factual errors made in the merits when verifying such regularity.

This principle, in addition to clarifying the role of the Court of Cassation, emphasizes the importance of adherence to administrative procedures by local authorities and competent authorities.

The Implications for Sector Operators

The judgment has several practical implications for citizens, professionals, and administrators, including:

  • Limitation of appeals to the Court of Cassation regarding procedural errors.
  • Strengthening the responsibility of local authorities in ensuring the regularity of permits.
  • Need for professionals in the construction sector to pay attention to the correctness of administrative procedures.

The Court referred to norms such as Article 325 of the New Code of Criminal Procedure, which defines the limits of review in terms of legitimacy. This further clarifies that the Court of Cassation cannot enter into the merits of the decisions made by first and second instance justice bodies.

Conclusions

In conclusion, judgment No. 45587 of 2024 offers an important point of reflection on the topic of building offenses and administrative oversight. It emphasizes the necessity of proper conduct of procedures by the competent authorities and clarifies the limits of legitimacy review by the Court of Cassation. This jurisprudential orientation invites all involved parties to pay utmost attention to the regularity of administrative procedures, in compliance with the law and building safety.

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