The right of petition is a right that the National Constitution, in its article 23, has granted to citizens so that they can present petitions to the authorities, so that they are provided with information on situations of general and / or particular interest.
Verbatim article 23 of the national constitution contemplates:
“Everyone has the right to submit respectful petitions to the authorities for reasons of general or private interest and to obtain a prompt resolution. The legislator may regulate its exercise before private organizations to guarantee fundamental rights ”.
Article 5 of the Administrative Contentious Code develops this constitutional principle in the following terms:
Written and verbal requests
Any person may make respectful requests to the authorities, verbally or in writing, through any means. The written ones must contain, at least:
- The designation of the authority to which they are addressed. The full names of the applicant and his legal representative or attorney, if applicable, indicating the identity document and address. The purpose of the request. The reasons on which it is supported The list of accompanying documents The signature of the petitioner, when appropriate.
If the person who submits a verbal request affirms not knowing or not being able to write and asks for proof of having presented it, the official will issue it succinctly. The authorities may require, in general, that certain requests be submitted in writing. For some of these cases, they will be able to prepare forms for those interested to fill out, in all that is applicable to them, and add the pertinent information or clarifications. A written request may be accompanied by a copy that, authenticated by the respective official, with a note of the date of its presentation and the number and type of the attached documents, will have the same legal value as the original and will be returned to the interested party. This authentication will not cause any right at the expense of the petitioner.
Scope of the right of petition
Individuals can request and have access to the information and documentation that lie in the different entities, as long as it is not information that by law does not have the character of reserved, in which case the right of request does not apply.
Types of requests that can be made
By means of a right of petition the following requests can be made:
- Complaints, when they inform the authorities of irregular behaviors of official employees or individuals to whom the provision of a public service has been attributed or adjudicated; Claims, when the authorities are notified of the unjustified suspension or the deficient provision of a public service.Demonstrations, when they send the petitioner's opinion to the authorities on a matter subject to administrative action.Requests for information, when they are formulated to the authorities so that they: Make known how they have acted in a specific case. access to public documents in their possession. Issue copies of documents that rest in a public office. Inquiries, when they are presented to the authorities to express their opinion on matters related to their powers.
Term available to the authorities to respond to the rights of petition
At most, the authorities who are presented with a right of petition must respond within the following deadlines:
- Fifteen (15) days to answer complaints, claims and manifestations. Ten (10) days to answer requests for information. Thirty (30) days to answer queries.
In the event that the authorities do not respond to the requested requests, the officials responsible for responding may be subject to disciplinary sanctions, as there is a reason for misconduct.
Guardianship action to protect the right of petition
Any citizen who considers that by action or omission of the authorities or individuals who provide a public service or act or should act in the performance of public functions, violate or threaten the constitutional right of petition, may resort to the action of guardianship to claim before the judges the immediate protection of their constitutional right.
Model of presentation of a right of petition
RIGHT OF PETITION
City and date
Lords XXXXX
I ____________, identified with the citizenship card number , issued in the city of , with residence in , in exercise of the right of petition enshrined in article 23 of the National Constitution and in article 5 of the Administrative Contentious Code, I allow myself very respectfully request from this entity the following:
____________________________________
I support my request in the reasons that I will explain:
____________________________________
In order to support the request made, I would like to accompany the following documents:
____________________________________
I await the prompt resolution of this petition.
Sincerely, Petitioner's signature and document
