Martha Martinez / Reform Agency
Monday, April 24, 2023 | 18:23
Mexico City.- Unanimously, the Chamber of Deputies approved in general the issuance of the National Code of Civil and Family Procedures, which seeks to standardize the processes of the so-called daily justice throughout the country.
The reform favors conflict resolution over procedural formalities, establishes that the guiding principles of civil and family procedures will be orality, the best interests of children and the gender perspective, and establishes the obligation of judges to make use of the alternative justice in dispute resolution.
The Code, endorsed with 481 votes in favour, was sent to the Executive for its publication, after the plenary session rejected the reservations presented by the PAN, Movimiento Ciudadano and PT benches, some of which proposed extending its code from 2027 to 2030. entry into force.
It indicates that the authority must adjust the procedures in the case of people from vulnerable groups, indicates that the Federal and state Judiciary will enable digital justice systems with accessible designs and formats, as well as a Common Parties Office, through the which later claims or promotions will be submitted electronically or in writing and opens the possibility of holding virtual hearings.
The Code states that in lawsuits dealing with food, the rights of girls, boys and adolescents, family disputes and family violence, all days and hours will be business days, prohibits the jurisdictional authorities from postponing, delaying or denying resolutions, except in cases provided by law, and regulates collective actions, in addition to reducing the number of people who can file them from 30 to 15.
The new instrument also regulates the special procedure for declaration of absence due to the disappearance of persons and streamlines the adoption process.
During the discussion of the minutes, Felipe Fernando Macías, PAN member, president of the Justice Commission, indicated that the new Code is the most important legislation in legal matters since the 2008 penal reform, but of greater depth.
He indicated that close to one million 500 thousand trials are carried out in the country, of which 64 percent are civil and family matters, so the new instrument addresses the new rules that people are taking to court. to deal with your daily problems.
“This Code can become a true instrument of social pacification so that the conflicts that occur from the core can be stopped there and cannot lead to subsequent violent events,” he said.
The legislator affirmed that with the new Code the Via Crucis of the mothers of the family end because they are persecuting the parents who do not give alimony, because provisional pensions can now be given in less than 24 hours and the work centers of the Judiciary will have to give discounts to debtors in less than three days.
He explained that the judges will be able to issue sentences in less than 30 days in cases of lease debts, issue divorce sentences in less than 15 days and prevent adoption processes from taking years, as is currently the case, but always guaranteeing the best interest of the childhood.
He stressed that they included concepts such as oral summary trials, from which the judges will be able to decide which cases can be settled in less than 30 days and orally and there are advances in terms of digitalization of trials, to prevent lawyers from intentionally and deliberately delay processes.
The vice coordinator of the PRD, Elizabeth Pérez, assured that with the National Code, the deputies attend to the clamor of the citizenry to improve access to the so-called daily justice, since with the new instrument, it will be taught with a gender perspective and total adherence to human rights.
He pointed out that through this the processes and deadlines are homogenized at the national level, a system of execution of brief sentence by hearings is implemented, the principle of equality and non-discrimination between the parties is pondered and, in the case of indigenous and Afro-Mexican peoples , it is established that the authorities must consider their uses and customs and collect expert evidence, even in matters of social anthropology.
In addition, he added, it establishes that justice must informally acquire evidence to adopt provisional measures in cases of gender violence.
“Today we attend to the claims of women who for decades have been made invisible by justice that preferred to close its eyes to the violence of every day,” she said.
PRI member Sue Ellen Bernal warned that in order to see the application of the new Code consolidated on April 1, 2027, training for judges and litigants, the development of infrastructure and furniture, and access to technology are essential.
He pointed out that a budget is required for all of this and, as an example, he said that the local courts deal with three times more disputes than the Federal Judiciary, but receive half the budget.
“An important part of the implementation of this new Code is summarized as budget, budget and budget. We hope to see the interest and disposition necessary for the successful implementation of this new Code from the discussion of the next Expenditure Budget,” he demanded.
At this moment, the deputies are discussing the reservations presented by the PAN, PT and Movimiento Ciudadano caucuses.
