EL PODER JUDICIAL DEL CHACO RETOMA ACTIVIDADES Y ATENDERÁN CON TURNOS
El Superior Tribunal de Justicia estableció lineamientos para el funcionamiento del Poder Judicial a partir del día 27 de julio de 2020, por mayoría conformada por la doctora Grillo, el doctor Toledo y la doctora Valle, con la disidencia del doctor Modi.
A modo de resumen, puede destacarse:
a) Para las Seis Circunscripciones judiciales:
- Reanudación de plazos procesales;
- Horario de 7.30 a 12.30 horas;
- Atención presencial en organismos únicamente a través de turnos;
- Los organismos jurisdiccionales deberán tramitar la totalidad de las presentaciones, atendiendo prioritariamente los casos que requieren inmediata respuesta y, luego con un criterio de razonabilidad y en la medida de las posibilidades, realizar las restantes actividades- audiencias: regla realización digital;
- La obligatoriedad del uso del In.Di. para todas las presentaciones jurisdiccionales, como así también del Registro Digital Provisorio de Demandas.
b) Para la ciudad de Resistencia y Gran Resistencia, incluyendo Justicia de Paz y/o Faltas de Resistencia, Barrio Güiraldes, Barranqueras, Fontana, Puerto Tirol y Puerto Vilelas:
- Prestarán funciones todos los organismos tanto jurisdiccionales como no jurisdiccionales;
- En los organismos jurisdiccionales:
- jueces y juezas, secretarios y secretarias, prosecretarios y prosecretarias y jefes y jefas de mesa de entradas, en forma presencial siempre que no se encuentren comprendidos dentro del grupo de riesgo y a distancia aquellos que se encuentren comprendidos dentro del grupo de riesgo;
- se podrá convocar a prestar funciones de manera presencial y rotativa hasta la mitad de los empleados y las empleadas que conforman la estructura del organismo jurisdiccional, siempre que no se encuentren comprendidos dentro del grupo de riesgo;
- el resto del personal podrá ser convocado a prestar funciones de forma remota;
- En los organismos no jurisdiccionales:
- jefes y jefas, en forma presencial siempre que no se encuentren comprendidos dentro del grupo de riesgo y a distancia aquellos que se encuentren comprendidos dentro del grupo de riesgo;
- Se podrá convocar a prestar funciones de manera presencial y rotativa hasta la mitad de los y las agentes que conforman la estructura del organismo no jurisdiccional, siempre que no se encuentren comprendidos dentro del grupo de riesgo;
- el resto del personal podrá ser convocado a prestar funciones de forma remota;
- Tanto para organismos jurisdiccionales como no jurisdiccionales, a los fines de respetar el distanciamiento social, evitar aglomeraciones, dar adecuado cumplimiento con la Guía de Buenas Prácticas en Bioseguridad -Coronavirus- para el Poder Judicial de la Provincia del Chaco y garantizar una mejor función judicial, los magistrados y responsables de los demás organismos podrán organizar el trabajo presencial de los agentes, implementando, de forma consensuada, un turno vespertino de trabajo, el que quedará comprendido desde las 14.30 hasta las 18.30 horas, permitiendo de esta forma la limpieza del organismo entre turnos;
- las audiencias, entrevistas o cualquier otro acto que requiera la participación y concurrencia de personas (partes, profesionales, testigos, peritos, etc.) deberán realizarse por los medios digitales puestos a disposición por la Dirección de Tecnologías de la Información. En el supuesto de que por las características del acto no sea posible llevarlo a cabo exclusivamente por medios digitales y en razón de su urgencia no pueda postergarse, el organismo podrá realizarlo de forma presencial o parcialmente presencial y virtual, estableciendo un protocolo escrito para el desarrollo del acto, el que deberá redactarse, previa consulta con técnicos idóneos de lo cual se deberá dejar adecuada constancia, y deberá contemplar como mínimo: los motivos objetivos y razonables que impiden su realización por medios digitales, la cantidad de personas que participarán -ponderando si las mismas se encuentran dentro del grupo de riesgo- y su circulación dentro de la dependencia, el espacio físico donde se llevará a cabo y el cumplimiento de las medidas de bioseguridad establecidas en la Guía de Buenas Prácticas en Bioseguridad -Coronavirus- para el Poder Judicial de la Provincia del Chaco (aprobada por Resolución N° 316/2020). Dichos actos presenciales o mixtos deberán ser realizados preferentemente en horario vespertino, a efectos de reducir la aglomeración y circulación de personas en los edificios.
- respecto de cédulas y mandamientos: se diligenciarán cédulas y mandamientos únicamente a domicilios reales o denunciados (no constituidos) y/o urgentes debidamente justificados por la magistratura;
c) Para el resto de la Primera Circunscripción Judicial y en la Segunda, Tercera, Cuarta, Quinta y Sexta Circunscripciones Judiciales de la Provincia
- prestarán funciones todos los organismos tanto jurisdiccionales como no jurisdiccionales;
- en todos los organismos, se desempeñarán en forma presencial todos aquellos agentes que no se encuentren comprendidos dentro del grupo de riesgo, llevando adecuado registro en el organismo; y a distancia o de forma remota aquellos agentes que se encuentren comprendidos dentro del grupo de riesgo.
- tanto para organismos jurisdiccionales como no jurisdiccionales, a los fines de respetar el distanciamiento social, evitar aglomeraciones, dar adecuado cumplimiento con la Guía de Buenas Prácticas en Bioseguridad -Coronavirus- para el Poder Judicial de la Provincia del Chaco (aprobada por Resolución N° 316/2020) y garantizar una mejor función judicial, magistrados y magistradas y responsables de los demás organismos podrán organizar el trabajo presencial de los y las agentes, implementando, de forma consensuada, un turno vespertino de trabajo, el que quedará comprendido desde las 14.30 hasta las 18.30 horas, permitiendo de esta forma la limpieza del organismo entre turnos.
- las audiencias, entrevistas o cualquier otro acto que requiera la participación y concurrencia de personas (partes, profesionales, testigos, peritos, etc.) deberán ser realizadas, preferentemente, por los medios digitales puestos a disposición por la Dirección de Tecnologías de la Información. En el supuesto de que por las características del acto no sea posible llevarlo a cabo exclusivamente por medios digitales, el organismo podrá realizarlo de forma presencial o parcialmente presencial y virtual, estableciendo un protocolo para el desarrollo del acto, previa consulta con técnicos idóneos de lo cual se deberá dejar adecuada constancia, el que deberá contemplar como mínimo: la cantidad de personas que participarán -contemplando si las mismas se encuentran dentro del grupo de riesgo- y su circulación dentro de la dependencia, el espacio físico donde se llevará a cabo y el cumplimiento de las medidas de bioseguridad establecidas en la Guía de Buenas Prácticas en Bioseguridad -Coronavirus- para el Poder Judicial de la Provincia del Chaco (aprobada por Resolución N° 316/2020). Dichos actos presenciales o mixtos deberán ser realizados preferentemente en horario vespertino, a efectos de reducir la aglomeración y circulación de personas en los edificios.
- respecto de cédulas y mandamientos se diligenciarán la totalidad de los instrumentos.
d) Reiterar la plena vigencia y aplicación de la Guía de Buenas Prácticas en Bioseguridad -Coronavirus- para el Poder Judicial de la Provincia del Chaco, aprobada por Resolución N° 316/2020;
e) Hacer saber a jefes y jefas de oficinas que deberán solicitar al Departamento de Compras de la Dirección General de Administración: alcohol, lavandina y barbijos o tapabocas. Cualquier otro elemento de bioseguridad, deberá ser requerido a la Secretaría de Superintendencia.
Disidencia del juez Modi
En su disidencia, el Juez Modi expresa que, en lo sustancial, no cuestiona desde lo técnico el sistema de funcionamiento del Poder Judicial, conforme los lineamientos que se proponen por la presente resolución.
Sin embargo, considera que, en este momento, dicho sistema no es compatible con la situación sanitaria real de la Provincia del Chaco, a la luz de los informes técnicos especializados en la materia y la curva y cantidad de contagios y fallecimientos que se han producido en este período.
En consecuencia, afirma que la solución propuesta por la mayoría no es oportuna ni propicia, por lo menos en lo inmediato, por lo que correspondería el mantenimiento de la vigencia del Servicio Judicial de Urgencia (conf. Resoluciones Nº 262/2020 y Nº 348/2020, entre otras), restringiendo el funcionamiento del Poder Judicial a la realidad epidemiológica, a fin de evitar circulación y posibles contagios, y continuar con la constante evaluación que ha realizado este Superior Tribunal de Justicia desde el comienzo de la pandemia
-
INFRAESTRUCTURA PARA GARANTIZAR DERECHOS: EN QUITILIPI, CAPITANICH HABILITÓ LAS OBRAS EN LA EET N° 18 Y EN EL CIFF N° 4 Con una inversión provincial y del Banco Interamericano de Desarrollo de más de 15 millones de pesos, el Gobierno del Chaco avanza en -
Margarita Belén: Intendente desplazó a una empleada por un posteo en Facebook La mujer había expuesto un error del municipio en la publicación oficial por el Día de la Independencia. Cuando Norma Benítez publicó el
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