Tucumán launches Family Procedural Code

The New Family Procedure Code of Tucumán was approved during the last session of the Legislature, under the watchful eye of the president of the Supreme Court of the province, Daniel Leiva, who participated in the session together with the ministers Antonio Estofán and Eleonora Rodríguez Campos .

“It is based on orality” and on principles “that tend to allow the magistrate to make his decision in a proximity, in an immediacy with the defendant, in lesser terms (to the previous ones), without deviating from rigor, but making everything more accessible,” explained Leiva.

He explained that, with the new regulations, for example, a filiation hearing – counting on their own teams to hold DNA – will be held in a single day “or a little more”. “We have people who have been claiming their identity for decades, and remain tied to a monarchical process that did not allow them to go any further. We are proud to have this new tool,” he added.

This procedure, the first in Tucumán and the fourth in the country (Córdoba, Mendoza and Entre Ríos already have it), is based on orality and on principles “that tend to allow the magistrate to make a decision in close proximity, in an immediacy with the defendant, in lesser terms (to the previous ones), without departing from rigor, but rather making everything more accessible”, added the head of the Court.

“In the field of Family Law -says the project- it runs at all times receiving conflict situations regarding the groups of greatest social vulnerability: women in situations of gender violence, minors in situations of abandonment or child abuse, adults older people at risk, transgender and LGBT groups, all matters encompassing Disability or disabilities”.

“Without a doubt, in relation to these vulnerable groups, there is no more than granting tools that seek to provide immediate, efficient solutions from the Judiciary, that make full effective judicial protection, and that ensure real access to justice for the vulnerable,” it is added.

This procedure, the first in Tucumán and the fourth in the country (Córdoba, Mendoza and Entre Ríos already have it), is based on orality and on principles “that tend to allow the magistrate to make a decision in close proximity, in an immediacy with the defendant, in lesser terms (to the previous ones), without departing from rigor, but rather making everything more accessible”, added the head of the Court.

For the children and adolescents: processes and procedures must be agile, accessible, appropriate and understandable for them. “Simple, easy-to-understand language should be used, without unnecessary formalisms, ensuring that children and adolescents have sufficient information about the procedures that are followed and that affect them. Processing must be diligent, ensuring prompt processing and resolution of their cases” .

“The provisional and self-satisfactory measures will subsist while the circumstances that determined them last. The party that requested the measure may request its extension, improvement or substitution, justifying that it does not adequately fulfill the guarantee function for which it is intended”, it is added. about.

“The NNyA can participate or have the quality of party in all family proceedings in matters that affect them, according to their progressive capacity” and, “notwithstanding this, and even if they do not have the quality of procedural party, they may participate in the process in question and shall have the right to be heard by the judge at the opportunity he deems pertinent according to the interests that are being settled”.

As for the divorces, “every request for divorce, bilateral or unilateral, must be accompanied by a proposal that regulates the effects derived from it.” In the event of prior de facto separation, the date on which it took place must be specified. If the unilateral proposal or counterproposal alleges prior de facto separation and is not indicated with day, month and year, it will be provided that it be specified in advance.

“If said precision is not fulfilled, a divorce decree will be issued, deferring a pronouncement regarding the date of dissolution of the profit community, which will be processed incidentally.”

Tucumán launches Family Procedural Code