Doctrina de la CSJN: “MICROOMNIBUS BARRANCAS DE BELGRANO S.A.”, 21/12/1989

SUMARIO.- La Cámara Nacional de Apelaciones del Trabajo declaró desierta la apelación deducida contra la decisión de la Comisión Nacional de Previsión Social que había desestimado una impugnación, con fundamento en las leyes 18.820 y 21.864 en tanto establecen la obligación de depositar el importe de la deuda resultante de la resolución administrativa como requisito previo a la procedencia del recurso ante la justicia del trabajo, con lo cual no había cumplido la apelante.

La apelante sostuvo que las citadas disposiciones legales que aplican el solve et repete son contrarias al art. 8°, inc. 1°, de la Convención Americana de Derechos Humanos que consagra el derecho de defensa en juicio, considerando que dicha norma es operativa, en tanto no necesita de reglamentación interna del Estado Parte para ser aplicada por los jueces.

La Corte recordó que el carácter operativo o programático de los tratados internacionales depende de si su ejercicio ha sido supeditado o no a la adopción, en el caso concreto, de medidas legislativas por parte del orden jurídico interno del país contratante. De ello señaló que del propio texto del artículo 8° de la Convención se desprende que la norma no requiere una reglamentación interna ulterior para ser aplicada a las controversias judiciales.

En consecuencia, al ser una norma operativa, la Corte analizó si en el caso concreto resultaba violada. Al respecto determinó que la apelante no había demostrado que debido al excesivo monto del depósito le fuera imposible interponer el recurso de apelación previsto en la legislación cuestionada, de tal forma de impedir real y efectivamente el ejercicio del derecho de defensa consagrado en la Convención, por tanto se confirmó el pronunciamiento apelado.

38 comentarios de “Doctrina de la CSJN: “MICROOMNIBUS BARRANCAS DE BELGRANO S.A.”, 21/12/1989

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