La Corte Suprema de Justicia de la Nación, por mayoría, revocó la resolución que desestimó el recurso de queja en la causa “Rosetani, Adriana María c/ Las Lomas S.A.” por estimarse extemporáneo, en tanto la notificación electrónica había sido efectuada el 30 de marzo de 2015, el plazo para articular el recurso era de 9 días –ampliación por distancia- y la presentación había sido efectuada el 16 de abril de 2015.
Para así resolver el Máximo Tribunal determinó que no se podía pasar por alto que tal notificación fue practicada con arreglo a un régimen de comunicaciones electrónicas establecido por el Superior Tribunal de Justicia de Córdoba según el cual una vez confeccionado el auto o resolución que debe notificarse, su texto queda disponible para ser visualizado por el destinatario en un portal de internet y que la notificación se perfecciona después de trascurrido cierto lapso desde el momento en que quedó disponible para su lectura, cuya fecha de expiración de ese lapso desde la cual comienza a surtir efectos procesales, es indicada en la propia cédula digital. Todo ello con independencia de que el destinatario haya accedido o no al portal para tomar conocimiento de la misma.
Por lo demás, la Corte indicó que “el régimen de notificaciones electrónicas así implementado por la corte local no comporta una ampliación de los plazos procesales sino simplemente la fijación de un lapso temporal para que la notificación cursada por esa vía pueda considerarse perfeccionada”.
En consecuencia se concluyó que el plazo para interponer la queja comenzó a correr a partir del 7 de abril de 2015, y por ende, estaba presentada en tiempo legal.
En voto en disidencia los jueces Lorenzetti y Highton de Nolasco expresaron que los efectos de las acordadas del superior tribunal provincial no alcanzan a los recursos interpuestos ante la Corte.
“Rosetani, Adriana María c/ Las Lomas S.A. s/ ordinario”, CSJN, 21/02/2017
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