5. Appeal for annulment together with the request for precautionary measure for protection of a constitutional right, 41 6. Facts related to the request to register as a candidate, 42 VI. RIGHT TO PARTICIPATE IN GOVERNMENT [POLITICAL RIGHTS], RIGHT TO FAIR TRIAL [JUDICIAL GUARANTEES], JUDICIAL PROTECTION, AND EQUAL PROTECTION BEFORE THE LAWIN RELATION TO THE OBLIGATION TO RESPECT RIGHTS AND DOMESTIC LEGAL EFFECTS, 44 1. Arguments of the parties, 44 2. Considerations of the Court, 47 A. Right to be elected, 46 1. Arguments of the parties, 46 2. Considerations of the Court, 48 B. Judicial guarantees regarding the administrative proceedings, 49 1. Guarantees in the administrative proceeding that resulted in a fine, 49 1.1. Right to defense and right to appeal the sanctioning decision, 49 1.1.1 Arguments of the parties, 49 1.1.2. Considerations of the Court, 50 1.2. Presumption of innocence,52 1.1.1. Arguments of the parties, 52 1.1.2. Considerations of the Court, 53 2. Right to be heard, obligation to establish cause, and right to defense in relation to the restriction on the right to passive suffrage [stand in an election], 55 2.1 Arguments of the parties, 55 2.2 Considerations of the Court, 56 3. Reasonable period, 61 3.1 Regarding the judicial appeal for annulment of the administrative decision against the State, 62 3.1.1. Arguments of the parties, 62 3.1.2. Considerations of the Court, 63 i. Complexity, 64 ii. Procedural actions of the interested parties, 65 iii. Actions of the judicial authorities, 65 iv. Effect generated to the legal situation of the person involved in the proceeding,66 3.2. Regarding the constitutional challenge, 66 3.2.1. Arguments of the parties, 66 3.2.2. Considerations of the Court, 67 i. Complexity, 67 ii. Procedural activity of the interested parties, 68 iii. Actions of the judicial authorities, 68 iv. Effect generated by the legal situation of the person involved in the proceeding, 69 4. Judicial Protection and Effectiveness of the remedy, 69 4.1 Arguments of the parties, 69 4.2 Considerations of the Court, 69 C. Equality before the law, 70 3

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