56
181. The Court notes that, at the domestic level, Mr. Lagos del Campo filed at least seven
appeals and several requests before the judicial organs of Peru251 – all of which were rejected for
different procedural reasons – by which he tried to have the judgment that ratified the alleged
unjustified dismissal annulled, referring, in particular, to his constitutional rights to job security
and due process. This Court finds that the filing of the appeals for annulment and amparo at the
appeal stage were particularly pertinent. In this regard, the Court points out the following relevant
omissions in relation to these remedies.
182. First, in view of the fact that his defense brief of August 1, 1991, before the Second Court
– in which he alleged that the reasons for his dismissal were unjustified – was not taken into
consideration, in violation of article 9 of Supreme Decree 03-80-TR,252 Mr. Lagos continued
contesting this omission before different courts. This Court notes that, in light of the appeal for
annulment which was established in Supreme Decree 03-80-TR (supra, para. 62), the court that
ratified the dismissal merely indicated that none of the causes for annulment had been met,
without any further reasoning and without ruling on Mr. Lagos del Campo’s arguments or his
constitutional rights. Subsequently, in the case of the application for amparo, the Fifth Civil
Chamber of the Superior Court of Lima indicated that the said answering brief only contained
arguments and not evidence. The omission was also expressly alleged before the Social and
Constitutional Law Chamber of the Supreme Court, which did not rule in this regard. The Court
notes that, according to the evidence provided in the instant case, when deciding the appeal, the
Second Labor Court did not assess the brief filed by Mr. Lagos del Campo or his arguments
concerning the rights allegedly violated in light of the dismissal, thus violating the adversarial
principle (supra para. 66).
183. Second, Mr. Lagos filed a first application for amparo (1991) before the Civil Chamber of
the Superior Court of Lima in which he alleged, among other matters, violations of his right to
job security and due process of law, established in articles 48 and 233 of the Constitution. The
Civil Chamber failed to decide the allegations relating to the substantive (constitutional) rights,
and merely indicated that it had not determined a violation of due process and, therefore, declared
the appeal inadmissible (supra, para. 63). In this regard, article 295 of the Constitution253
establishes the application for amparo, the purpose of which is to protect the rights recognized in
the Constitution.
184. Thus, the Court considers that, even though the remedy of amparo was designed to protect
constitutional rights, in this case the failure to consider the rights to job security and due process
prevented the application for amparo from producing the result for which it was conceived.254 In
this regard, the Court has indicated that the analysis that the competent authority makes of a
Namely: (a) action requesting classification of the dismissal on July 26, 1989; (b) appeal for “review and
reconsideration” on August 26, 1991; (c) appeal for annulment on September 2, 1991; (d) application for amparo on
November 8, 1991; (e) appeal for annulment on August 26, 1992; (f) communication before the President of the Social
and Constitutional Law Chamber of the Supreme Court of Justice on March 30, 1993; (g) appeal for review and request
that the matter be heard by the Full Chamber of the Supreme Court of Justice on April 28 and May 4, 1993; (h) appeal
on July 18, 1997; (i) remedy of complaint filed on August 19, 1997; (j) remedy of complaint filed before the President of
the Constitutional Court, on October 2, 1997.
251
Supreme Decree 03-80-TR. “Action in the labor and Labor Communities jurisdiction. Art. 9. The briefs that the
parties submit to third parties shall be processed within 48 hours of their reception, under penalty of incurring
responsibility” (evidence file, annex 2 del procedure before the IACHR, folio 720).
252
Cf. Congress of the Republic of Peru. Constitution of Peru July 12, 1979. Article 295. The application for amparo
protects the rights recognized by the Constitution that have been violated or threatened by any authority, official or
individual. The application for amparo follows the same procedure as the application for habeas corpus in the cases in
which it is appropriate.
253
The Court has stressed that the obligation of Article 25 supposes that the remedy is “adequate,” which means
that it function within the system of domestic law should be “appropriate” to protect the legal situation violated. Cf. Case
of Velásquez Rodríguez v. Honduras, supra, para. 64, and Case of Maldonado Ordóñez v. Guatemala. Preliminary
objections, merits, reparations and costs. Judgment of May 3, 2016. Series C No. 311, para. 109.
254