Once Again, It Is Not Legitimate To Demand Payment Of A Fine In Order To Appeal And Return A Vehicle (Tucumán)
On the 8th of May, 2019, in the case “Moyano Ramón Ariel s/ Recurso de queja por apelación denegada”, (Expte: 3200/2022), the Court declared that access to justice through an appeal of an administrative penalty cannot be blocked by bureaucratic requirements, since this would demand the advance payment of the fine before the appeal can proceed. Furthermore, the Court held that the seizure and/or retention of the vehicle implied an absolute and permanent violation to the right of property. The Court therefore granted the request for the return of the vehicle.