Jurisprudencia de la Cámara de Apelaciones Contencioso, Administrativo y Tributario: Principio de congruencia. Relación entre la pretensión de las partes y lo resuelto por el juez.

Procedimiento contencioso, administrativo y tributario. Deberes del Juez. Principio de congruencia. Empleo público. Pretensión procesal. Daños y perjuicios. Eximisión de costas.

SUMARIOSi bien es facultad privativa de los jueces de la causa establecer el sentido y alcance de las pretensiones acerca de cuya procedencia deben expedirse (Fallos 284:109; 300:468, entre otros), en lo que hace a los hechos, las partes se vinculan al juez con sus escritos en forma total, razón por la cual debe existir una relación inmediata y necesaria entre las pretensiones de las partes y lo resuelto por el juzgador, bajo pena de afectarse el principio de congruencia (Falcón, Enrique M., Código Procesal Civil y Comercial de la Nación anotado, concordado y comentado, Abeledo-Perrot, Buenos Aires, 1997, t. II, p. 142). Sin embargo, una vez fijados los hechos, el sentenciante está facultado para seleccionar el derecho aplicable, como lo expresa el adagio «iura novit curia» (Falcón, ob. cit., t. II, p. 140).
El hecho, objeto del juicio, debe permanecer inalterable (congruente) a lo largo de todo el «iter» procesal o etapas del proceso desde la interposición de la demanda hasta el dictado de la sentencia, la que deberá circunscribirse específicamente a lo esbozado en los respectivos escritos de demanda y contestación. Por tanto, la cuestión debe analizarse con estricta sujeción al contenido fáctico de la causa, no pudiendo ni ampliarse ni restringirse el supuesto de hecho, pues de lo contrario implicaría una inaceptable arbitrariedad “ex officio”.

DE CARLO JUAN JOSÉ DANIEL c/ GCBA, Cámara de Apelaciones Contencioso, Administrativo y Tributario, Sala III.. Causa Nro.: 34654-0. Del voto de Dr. Esteban Centanaro con adhesión de Dr. Hugo R. Zuleta y Dra. Gabriela Seijas. 16-03-2015.

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FUENTE: Departamento de Biblioteca y Jurisprudencia del Consejo de la Magistratura de la Ciudad de Buenos Aires. El contenido puede ser reproducido libremente, y no genera responsabilidad por ello, bajo condición de mencionar la fuente y esta advertencia.

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