Martha Martinez / Reform Agency
Wednesday, April 19, 2023 | 18:39
Mexico City.- The Justice Commission of the Chamber of Deputies approved the draft issued by the new National Code of Civil and Family Procedures, which seeks to standardize the processes throughout the country for the resolution of disputes between individuals.
The project, which was previously endorsed by the Senate of the Republic, was unanimously approved without changes, with 30 votes, amid opposition deputies pointing out the lack of clarity regarding the resources that would guarantee its implementation, especially in the states from the country.
The new Code has 1,191 articles and 20 transitory ones and considers a period for its entry into force of four years. It seeks to standardize the procedural norms in civil and family matters that represent 70 percent of the total trials in the Country, in addition to incorporating new principles and figures with the aim of expediting the resolution of disputes between individuals.
The draft that was sent to the Board of Directors for its programming privileges conflict resolution over procedural formalisms, orality as the guiding principle of civil and family proceedings and raises the obligation of judges to use alternative justice in the solution of controversies.
It indicates that the authority must adjust the procedures when dealing with people belonging to vulnerable groups and obliges judges to act on the basis of protecting the interests of the family, the elderly, children and adolescents, and people with disabilities. and any other person in a condition of vulnerability.
It also raises as guiding principles of civil and family justice the concentration, which obliges to carry out the greatest number of proceedings in a single proceeding or in the least number of them, collaboration, continuity, so that the hearings are uninterrupted, the contradiction , procedural direction, procedural equality, procedural loyalty, orality and the gender perspective.
In addition, it indicates that the federal and state judiciary will enable digital justice systems with accessible designs and formats, as well as a Common Party Office, through which the lawsuits or subsequent promotions will be submitted electronically or in writing. and opens the possibility of holding virtual hearings.
Proposes that in lawsuits that deal with food, the rights of girls, boys and adolescents, family disputes or family violence, all days and hours are working days, prohibits jurisdictional authorities from postponing, delaying or denying resolutions, except in the cases provided for by law and regulates collective actions, in addition to reducing the number of people who can bring them from 30 to 15.
The new Code also seeks to normalize a special procedure for declaring absence due to the disappearance of persons and as well as expedite the adoption processes.
For the PRI deputy, Carolina Viggiano, the Code is a far-reaching legal instrument, because civil law is present in all spheres, while daily justice is one of the issues with the greatest presence in local jurisdictions.
The also general secretary of the tricolor said that its design and eventual approval will be one of the most important steps of the current Legislature; however, she stressed that the bill does not establish where the resources will come from to guarantee the implementation of the new legislation.
“I think that the flaw that we have had in all the reforms that we have done has been, without a doubt, the implementation, because it has not been accompanied by resources and it has not been accompanied by many mechanisms that are required for things to work, already happened to us with the New Penal System,” he said.
The vice coordinator of Movimiento Ciudadano, Mirza Flores, agreed that although the new Code is far-reaching legislation, it is unfair that states are left with the obligation to guarantee the resources for its implementation.
“Leaving the economic condition to finance this great project in the hands of the states is sometimes almost unfair, because it is the responsibility of the Federation to respond to the need to implement all the mechanisms of modernity throughout the country,” he said.
He recalled that entities such as Oaxaca, Chiapas and Guerrero register significant lags and leaving them alone in this task would mean that they continue to lag behind.
“They do not have nor will they have in four years the resources for the implementation of this Code,” he reiterated.
The vice coordinator of Morena, Alaida Alavez, considered that the scope of the new Code is greater than that of any other order that has been approved in the current Legislature, because it is related to local justice, which facilitates harmonious coexistence and peace. social.
“The scope of this Code is greater than that of any order that we have issued during this Legislature, since it is related to justice, with the justice closest to people, with what we could say is local justice,” he said.
The Code is approved four years late. It arose as part of the constitutional reform on daily justice published in September 2017 and which granted the Congress of the Union a period of 180 days to issue the Code on the matter, a period that expired on March 15, 2018.
Given the breach, the Supreme Court of Justice of the Nation granted an amparo to an individual and ordered Congress to issue the National Code of Civil and Family Procedures before December 15, 2021, but that deadline was not met either.
