22 61. On August 26, 1991, Mr. Lagos del Campo filed a motion for “review and reconsideration” before the Second Labor Court of Lima, but this was declared inadmissible on August 27, 1991.80 62. On September 2, 1991, following the denial of his motion for review and reconsideration, Mr. Lagos del Campo filed an appeal for the annulment81 of the decision issued on August 8, 1991, by that Labor Court. In this regard, the Second Labor Court concluded that the motion did not cite any of the grounds for annulment established in article 1085 of the Code of Civil Procedure.82 2. Application for amparo and nullity 63. On October 21, 1991, Mr. Lagos del Campo filed an application for amparo (constitutional protection) before the Civil Chamber of the Superior Court,83 against the judgment of August 8, 1991, which had decided the appeal against the way in which his dismissal had been classified. Mr. Lagos del Campo argued that: FOURTH: Thus, by failing to take into account my brief (of August 1, 1991) when delivering the judgment of August 8 and, to the contrary, taking into account the complaint brief, not only has there been a violation of the equal opportunity to be heard, with their respective arguments, that the judge should offer the parties to the litigation, but also the basic right of defense against the arguments submitted by the other party in the said brief. […] By violating my right to due process, my right to job security has been violated. […] Indeed, job security is subject to special protection under our legal and constitutional order and, in the instant case, this has been violated by the aforementioned irregularities and, also, without allowing the said arguments to be disproved, thus constituting the violation of two constitutional rights: DUE PROCESS and JOB SECURITTY. 64. In April 1992, while the appeal was being processed before the Civil Chamber of the Superior Court, the Peruvian Government proceeded to declare a “reorganization” of the Cf. Motion for review and reconsideration filed by Mr. Lagos del Campo before the Second Labor Court of Lima. File No. 839-91 of August 26, 1991, and Ruling made by the Second Labor Court of Lima. File No. 839-91. August 21, 1991 (evidence file, annex 11 to the Merits Report, ff. 50 and 51). In this appeal for review and reconsideration, Mr. Lagos argued, “pursuant to articles 1, 2, 4, 15 and 18 of the Constitution,” his discrepancy with the ruling issued on August 8, 1991, considering that it violated his rights, interests and benefits as a worker, because the ruling failed to take into consideration the provisions of the domestic laws of Peru for the proper administration of justice. In this regard, the Second Labor Court concluded: “The appeal for review and reconsideration filed was inadmissible and ordered that the case be returned to the original court.” 80 Cf. Appeal for annulment filed by Mr. Lagos del Campo before the Second Labor Court of Lima. File No. 839-91. September 2, 1991, and Decision issued by the Second Labor Court of Lima. File No. 839-91. September 3, 1991 (evidence file annex 14 to the Merits Report, ff. 53 to 56). The motion was filed based on articles 59, 60 and 61 of Supreme Decree 03-80, requesting the annulment of the ruling of August 8, 1991, following the denial of his motion for review and reconsideration by the same court. 81 Cf. Congress of the Republic of Peru. Code of Civil Procedure, Decree-Law 12760 of August 6, 1975. Article 1085. Nullity of decisions: (9) The order or judgment in the part deciding on a point that is not disputed or claimed; (10) The judgment that fails to decide any of the disputed points, except as provided for in the last part of Article 1086. Article 250. I. The remedy of cassation or nullity shall be admitted to invalidate a final judgment or decision in the cases expressly indicated by law. This may relate to the merits or the form. II. These remedies may be filed simultaneously. 82 Cf. Application for amparo filed by Mr. Lagos del Campo before the Civil Chamber of the Superior Court of Lima. File. No. 2615-91. October 21, 1991 (evidence file, annex 15 to the Merits Report, ff. 58 to 61). Under article 295 of the Constitution, Mr. Lagos requested that his action be admitted and the Second Labor Court of Lima be ordered to annul its judgment and issue a new ruling against the judgment of Second Labor Court of August 8, 1991, that decided the appeal in the proceedings that classified his dismissal. Among other matters, he argued violations of his right to job security and due process of law established in articles 48 and 233 of the Constitution. 83