Last December, at the edge of the beginning of the Judicial Fair and on the last day of Juan Carlos Maqueda, the Supreme Court He signed the so -called “Levinas” ruling, expected because he re -cements the way for the Superior Court of Justice of the Federal Capital to be a kind of reviewer of the sentences of the ordinary national justice.
The fact raised a strong controversy, which earned him a rain of criticism to the highest court by associations of magistrates and judicial professionals, unleashing a judicial war whose end is still uncertain. Such was the climbing that the Buenos Aires TSJ had to suspend until February 17 the deadlines to present the resources.
“It is reasonable to dispose of the suspension of the deadline for filing all the resources provided by Law 402 within the scope of this court that come from the ordinary national privileges of the CABA, ”said the TSJ in an agreed where they established that on February 17 as the new day of start of the computation for resources interpositions.
Greise from the National Chamber in Civil Chamber to the Levinas ruling
Now, according to information provided by the specialized journalist Vanesa Petrillo in C5Nthe National Civil Chamber, in full, He refused to apply the Levinas ruling and resolved that the sentences of the Chamber the Chamber cannot be reviewed by the Superior Court of Justice of Buenos Aires, in a categorical pronouncement in this regard.
“This National Chamber of Civil Appeals resolves: responding to the refusal to the question that was submitted to the agreement and, consequently, establish the following compulsory legal doctrine, in the terms of art. 303 of the Civil and Commercial Code: ‘They cannot The sentences of national civil judges before the Superior Court of Justice of the City of Buenos Aires’ ” Scope.
Among other points, the Chamber addressed the need to uniform criteria to avoid contradictory sentences. and the mandatory or not of the precedents of the Supreme Court.
In conclusion, the Chamber rejects the interpretation of the Supreme Court that would grant jurisdiction to the Superior Court of the city on national sentences, arguing that it violates constitutional and legal principles.
Rejection of judges
Days ago, the judges of the different rooms of the National Chamber of Civil Appeals of the Federal Capital, under the presidency of Omar Díaz Solimine They gathered and signed a forceful repudiation of the Court’s decision.
“This Chamber expresses its rejection of this decision, in the intelligence that No court of justice has powers to attribute jurisdiction to a local court in order to review resolutions or sentences of national courtsaltering the structure of the functioning of the Judicial Power of the Nation ”.
The judges They warn that the division of powers be violated “Causing a situation of uncertainty in litigants, unjustified delays in the process process, higher costs derived from the payment of deposits to resort, disturbing the functioning of the Public Prosecutor’s Office and Defense.”
Source: Ambito
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