The Civil Chamber of the Supreme Court of Justice agreed on a new mechanism for the filing of claims, taking into account modern communication technologies, as read in judgment No. 000020, drawn up jointly by its five magistrates.
The challenge or appeal against any sentence issued by the different civil courts of the country, "must necessarily be presented digitally before the mail of the Secretariat of the Civil Cassation Chamber of the Supreme Court of Justice," says the decision.
They specified that the appeal is considered a formal request for annulment exercised against a judgment of a judge of last or sole instance, in which the appellant (plaintiff) addresses the magistrates of the Civil Chamber, with the purpose that these annul said judicial pronouncement, reinstate the case or issue a judgment on the merits ending the trial, for violation of the law.
They recalled that the Civil Procedure Code grants 40 consecutive calendar days for the formalization of the extraordinary means of challenge or appeal. But they clarified that if the lawyer consigns the lawsuit on the 5th day of the 40 granted by the Code, that period contemplated by law must be allowed to die.
In an effort to remove obstacles to the search for justice, the magistrates leave the plaintiffs with the opportunity to speed up their own processes, but within time limits and established. "It will be, therefore, the party, through the principle device, as a burden of its own interest, who exercises at its will, the day it considers, the exercise of its procedural action, ending or precluding or concluding the exercise of its defense and the period of forty (40) consecutive calendar days, that is to say, the parties in cassation will exercise in their own interest the procedural speed in the exercise of their actions ”, they stressed.
When deciding to digitize the claims process, the magistrates reflected on how complicated it is to obtain justice due to the lengthy procedures described by the Chamber as "a tangled web of appeals and challenges." The members of the Civil Chamber pointed out that the Venezuelan judicial world seems “an intricate forest, which if you go around it, you always arrive at the same place, going round and round without finding a path that, free of obstacles, approaches the epicenter of Justice".
They recalled that the current Magna Carta enshrined the principles of "simplification and effectiveness" in judicial processes, by which they alerted the judges not to fall into the original sin of restricting "unreasonably" the constitutional guarantees offered to citizens. . In this sense, the Chamber asked the administrators of the judicial system not to become drivers who are "driving a kind of old carriage that, in times of frenetic speeds, lazily continues the pace of justice."
The Chamber ordered that the aforementioned judgment be published, ordering the publication in the Judicial Gazette of Venezuela under the title: "Interpretation of the preclusive principle or procedural eventuality, only for the purposes of the extraordinary appeal of cassation."