Cámara de Apelaciones Contencioso, Administrativo y Tributario: Causa Nro. A4741-2014-2, Autos: GCBA sobre QUEJA POR APELACION DENEGADA, Sala I

Acción de amparo. Recurso de queja por apelación denegada. Admisibilidad del recurso. Improcedencia. Resoluciones apelables. Intervención de terceros. Estado nacional. Gravamen irreparable. Interpretación de la ley.

Corresponde rechazar el recurso de queja por apelación denegada interpuesto. En efecto, en el artículo 90 del Código Contencioso Administrativo y Tributario se establece la apelabilidad de la resolución que rechaza la intervención de terceros –aplicable al caso en virtud de la supletoriedad al régimen procesal general expresamente prevista en el artículo 28 de la ley 2145–. Consideración de que la limitación recursiva contenida en el artículo 20 de la Ley N° 2145 y el reenvío contemplado en el artículo 28 tienden a hacer efectiva la sencillez que caracteriza al trámite del amparo (conf. art. 43 CN y art. 14 CCABA). Los argumentos invocados en el caso por la Jueza de grado para rechazar la intervención del Estado nacional y en particular, la proyección que esta intervención tendría para dilatar el presente proceso, obligan a concluir en que el recurso interpuesto ha sido correctamente denegado pues el recurrente no acredita que el rechazo de la citación del tercero, por su naturaleza y efectos, deba asimilarse a uno de los supuestos establecidos en el artículo 20 ya citado.

Cámara de Apelaciones Contencioso, Administrativo y Tributario. Causa Nro.: A4741-2014-2. Autos: GCBA Sala I. Del voto de Dr. Fernando E. Juan Lima, Dra. Fabiana Schafrik, Dra. Mariana Díaz 17-11-2014. Sentencia Nro. 32.

Fuente: Juristeca del Consejo de la Magistratura de la Ciudad de Buenos Aires.

 

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