Meaning of Deferred with appeal (What it is, Concept and Definition)

Deferred with appeal is when a given situation is approved, however filed by an appeal that contradicts this decision..

This situation means that the final decision is pending an appeal that is yet to be analyzed. This means that in the first analysis the decision is favorable, but the final decision is subject to the analysis of the appeal.

This expression is widely used in institutional settings, such as public and private companies, when a formal written request is sent from a subordinate to a hierarchical superior.

Deferral with appeal can also happen in other situations, such as public competitions and electoral candidacies.

Granted with recourse in public tenders

In the case of deferrals using public tenders, the final result that qualifies the candidate or situation as deferred (fully approved), it must await a judgment or analysis of the appeal by the instance higher.

Example: when a candidate is approved to exercise a certain public function, presenting all the requirements basic for the investiture of the position, it is considered "granted", which means that it is able to assume the vacancy.

When the candidate is classified as rejected for a position, for example, this means that he does not have the necessary basic characteristics that are requirements to assume the position. In this case, he can appeal the decision and the status will be changed to dismissed with appeal.

Thus, when the interested party (candidate) presents an appeal against the decision, he/she must also await the judgment and the final decision of a higher court.

Granted with appeal in electoral candidacies

The status of deferment with appeal also applies to candidacies for public office in elections.

When a potential candidate for an elective office makes a request for registration of candidacy in the Electoral Court, prior to approval, the requirements for running are confirmed.

If he has any pending in his application, the application can be classified as "accepted with appeal".

In this case, the candidacy is pending confirmation until the candidate's appeal is analyzed by the Regional Electoral Court.

Dismissed on appeal

When a situation is classified as dismissed with appeal means that the initial decision is no approval, but that there is still a resource that must be analyzed.

If the appeal is approved, the decision is changed and the situation is deferred, that is, approved.

On the contrary, if the appeal is not approved, the situation is definitively rejected and, in this case, it is rejected.

Learn about the meanings of Deferred, Rejected and extraordinary resource.

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