Popular action
DOI:
https://doi.org/10.5433/1679-0383.2002v23n1p15Keywords:
Popular action, Public defense.Abstract
The Popular Legal Action is a constitutional remedy, which is originated from the necessity of improving the Defense of Public Interest as well as of the Public Administration Morality Act. This remedy is a clear manifestation of the citizens’ sovereignty. This legal measure entitles any citizen to obtain the invalidation of illegal administrative acts or contract that can cause damages to the Federal, State and Municipal Property, which includes public agencies and any private party entitled to handle public money. This study has the purpose of preserving the public interest through probity, efficiency and morality when handling public property. In addition, it includes the environmental protection and the State Properties. Its aim is the prevention and interruption of the illicit act with the consequent conviction of the defendants who must return the damaged property to its status quo ante. It is a legal enforcement act that puts the Public Administration Defense into effect, not taking into consideration any personal advantage from the author. Although this legal remedy is concerned with the population as a whole, who is the beneficiary of the possible nullification of the illicit act, it is clear that this citizen will have his/her constitutional right preserved. In short, this Popular Legal Action is a political right that each citizen can make use of, in order to supervise the Administrative legality as well as his/her right to participate in the State Policy.
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