SÍNTESIS.- En el caso, corresponde confirmar la resolución de grado, en cuanto admitió la acción de amparo por mora y ordenó al Gobierno de la Ciudad que, en el plazo de diez (10) días, dictase el acto administrativo que resolviese la petición formulada por la actora.
En principio, resultaría atendible el agravio de la demandada en relación con que el plazo otorgado podría ser breve para cumplir con la sentencia dictada, lo cierto es que, en el contexto dado, el fundamento central en el cual el recurrente sostiene su apelación cede ante la situación fáctica ocurrida hasta que el expediente fue remitido a esta Cámara. Es que, antes de que ocurriera esto último, tuvo aproximadamente cuatro meses y medio -sin contar la feria judicial de julio- (a partir de la notificación de la sentencia en cuestión), para acreditar el cumplimiento de lo ordenado en dicha sentencia, lo cual no ha hecho.
Al respecto, no puede soslayarse que no ha sido cuestionada la decisión adoptada por el «a quo» sino en relación con el plazo que dispuso para que la Administración dictara el acto pertinente. De modo que es dable concluir en que el recurrente contó con un lapso más que razonable para emitir el acto administrativo, habiendo desplegado, por el contrario y a juzgar por las constancias de autos, una conducta desaprensiva ante la obligación de actuar de ese modo. Eso mismo, incluso, habría tornado abstracto el tratamiento del recurso bajo análisis.
Entiéndase bien: no se desconoce que el plazo de diez (10) días no comenzará a correr hasta que quede firme la sentencia, pero tampoco puede dejar de observarse el hecho de que, aunque más no sea de modo implícito –en tanto no se agravió al respecto-, el Gobierno de la Ciudad Autónoma de Buenos Aires reconoció la mora en la que había incurrido. Por consiguiente, su modo de conducirse frente a la orden judicial dispuesta en la sentencia apelada le permite hacerse de un plazo mucho mayor al allí dispuesto para el cumplimiento de la obligación de hacer que contiene dicho decisorio. Ello, con el agravante de que, en caso de no aprovechar ese tiempo para cumplir con la manda judicial, no resultaría pasible de ser sancionado por la vía apta para compeler al cumplimiento de una orden judicial (conf. art. 30 CCAyT).
Fuente: Departamento de Biblioteca y Jurisprudencia del Consejo de la Magistratura de la Ciudad de Buenos Aires
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