Dominican Legal References

I decided to create a list of references for study and educational purposes mainly focused on legal issues in the Dominican Republic. I cannot say for sure these references will help you or even myself, but they were interesting enough to review.

1. SENTENCIA TC/0083/19 – Carlos Mariberto Guerrero Ceballos vs Las Orquídeas Neighbors Board – Las Orquídeas Residential is a urbanization with restrictions placed on the roads used to enter or exit the area, known common as security checkpoints. Las Orquídeas Neighbors Board decided only one of the roads would be accessible 24 hours for safe reasons in violated Article 46 of the Dominican Constitution “which it is enshrined that every person who is in national territory has the right to transit, reside and leave freely of the same, in accordance with the legal provisions“. Carlos Mariberto Guerrero Ceballos obtained an order for demolition of the security checkpoints used to violate his rights from the competent municipality, however, Las Orquídeas Neighbors Board ignored the order. Carlos Mariberto Guerrero Ceballos proceeded with a process called Amparo, which he lost and appealed to the Constitutional Court. On appeal, Constitutional Court analysis revealed the judge who rejected Carlos Mariberto Guerrero Ceballos did not follow a conflict resolution supposed by evidence or law, instead ruled the urbanization was special, unlike other urbanizations across the Dominican Republic, however, failed to support this reasoning by providing the characteristics or laws justifying the rejection. Carlos Mariberto Guerrero Ceballos ultimately won the definitive decision against Las Orquídeas Neighbors Board for violating Article 46 of the Dominican Constitution.
   
   Uncertified English Translation of SENTENCIA TC/0083/19

SENTENCIA TC/0126/19 – Lifestyle Holiday Assets Holding, SRL vs Sentence no.  271-2018-SSEN-00386

This case focuses on an attempt by Lifestyle to suspend an Amparo sentence obtained after various violations of constitutional rights such as right of travel, right to work, right of property, right to basic services.

Uncertified English Translation of SENTENCIA TC/0126/19