Amparo Ruling: Constitutional Court rejected amparo by Reproductores

On September 11, 2024, the Constitutional Court of Guatemala rejected an amparo filed by Reproductores Avícolas, S.A., which sought to annul prior judicial decisions that had allowed Lisa, S.A.’s legal action to proceed against her exclusion as a shareholder. Reproductores Avícolas had argued that the first-instance court failed to declare the case expired after more than six months of inactivity. However, both the Court of Appeals and the Constitutional Court concluded that the delay was caused by the court's own failure to notify parties — not by any omission from Lisa.

The Court reasoned that procedural inactivity must be attributable to a party in order to trigger caducity (expiration of proceedings), and in this case, the pending notifications were the responsibility of the judiciary. As a result, the amparo was declared “notoriously inadmissible,” and the claimant's lawyer was fined Q1,000. This ruling preserves Lisa’s ongoing opposition to the unlawful shareholder exclusion.