Consejo del Poder Judicial demanda suspensión de sentencia del TSA sobre apertura de tribunales

In Destacadas
octubre 10, 2020
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Santo Domingo.-El Consejo del Poder Judicial informó hoy que cumplirá lo dispuesto por el Tribunal Superior Administrativo el pasado 2 de octubre, tomando en cuenta que por ser una sentencia de amparo su ejecución es inmediata.

Sin embargo, anunció que interpuso un recurso de revisión demandando la  en suspensión en contra de la sentencia del Tribunal Superior Administrativo.

“El Tribunal Superior Administrativo dictó una sentencia dentro del marco de un Estado de derecho democrático, ordenando la reapertura de los tribunales y la prestación del servicio de manera presencial en todas las sedes del Poder Judicial. El Consejo como órgano de administración del Poder Judicial, ya había dispuesto la apertura de las sedes que contaban con la infraestructura para mantener el distanciamiento físico que impone el COVID-19. El acta sobre la que se sustenta la sentencia del Tribunal Superior Administrativo quedó sin efecto porque ya existía otra resolución estableciendo la apertura de 146 sedes a nivel nacional”, expresa el Consejo mediante un comunicado.

Dijo que la apertura se combinó con la puesta en marcha de los centros de atención común ubicados en las sedes que alojan varios tribunales permitiendo recibir y atender asuntos con mayor flujo y organización. Dicha medida obedece al modelo de gestión del servicio judicial presencial, el cual dentro del contexto de pandemia que vive el país, contribuye a la no aglomeración de personas en espacios reducidos.

El recurso de revisión y la demanda en suspensión se basan en el entendimiento de que existen razones constitucionales que ameritan una revisión por parte del máximo intérprete de la constitución para no afectar el orden constitucionalmente establecido.

En el caso de la demanda que procura la suspensión de la decisión, los abogados destacan que la sentencia del Tribunal Superior Administrativo que ordena la apertura de todas las sedes del Poder Judicial no contempla que algunas no cuentan con la infraestructura para mantener el distanciamiento físico requerido por el COVID-19, lo cual pone en riesgo la salud de los jueces, servidores y usuarios judiciales.

Con relación al fondo del recurso de revisión, los abogados del Consejo del Poder Judicial indicaron que la sentencia del Tribunal Superior Administrativo excluye al Colegio de Abogados como parte y reconoce un único accionante, quien formuló su petición en base al acta núm. 002-2020 de sesión extraordinaria del Consejo del Poder Judicial, la cual quedo sin efecto con la resolución núm. 004-2020 que dispuso el plan de continuidad de labores del Poder Judicial en fecha 19 de mayo de 2020.

No obstante, para dar cumplimiento a la decisión del Tribunal Superior Administrativo, el Consejo del Poder Judicial ha dispuesto que los 45 juzgados de paz que se encontraban recibiendo sus procesos judiciales en otras sedes del mismo distrito judicial sean habilitados para atención presencial; completando la apertura de todas las sedes a nivel nacional.

En cuanto a los servicios virtuales, se mantiene la opción, no obligatoria, de acceso a través del portal www.serviciojudicial.gob.do, para que las y los usuarios puedan realizar todas las solicitudes sin necesidad de trasladarse a las sedes, y así prevenir la aglomeración de personas y los contagios por el COVID 19.

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2 Responses to “FINJUS advierte funcionarios de cualquier naturaleza no pueden licitar con el Estado”

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