En el marco de un cuestionamiento a la Ley de Reforma Previsional, un juzgado de La Plata rechazó un pedido de habilitación de feria.

El Juzgado de Primera Instancia en lo Contencioso Administrativo de La Plata rechazó el pedido de habilitación de feria, en el marco de un cuestionamiento sobre la constitucionalidad de la ley 27.426 de Reforma Previsional. Para así decidir, el magistrado a cargo ponderó que citada normativa producirá efectos a partir del mes de marzo del año 2018, razón por la cual no advierte un inmediata vulneración de los derechos por parte de quienes promovieron la acción (art. 153 CPCCN, y arts. 4 y 7 del Reglamento para la Justicia Nacional). Por otro lado destacó que el pedido de habilitación de feria judicial sólo procede cuando media un riesgo cierto de que una providencia judicial se torne ilusoria o de que se frustre por la demora de alguna diligencia sustancial para el derecho de las partes. Es decir que tiene carácter excepcional y por lo tanto se encuentra restringida a supuestos urgencia, no siendo suficiente que la cuestión a decidir guarde relación con medidas cautelares.

Cecim y Otros c/Anses y Otro s/Amparo Ley Nº 16.986, Juzgado de 1ª Instancia en lo Contencioso Administrativo de La Plata, 4-01-2018.


Texto completo.

4 de enero de 2018.

Agréguese el escrito que antecede, y a fin de resolver el pedido de habilitación de la feria judicial, cabe recordar que sólo procede cuando media un riesgo cierto de que una providencia judicial se torne ilusoria o de que se frustre por la demora de alguna diligencia importante para el derecho de las partes, en tanto tiene carácter excepcional, está restringida a supuestos de verdadera y comprobada urgencia y no es suficiente que la cuestión a decidir guarde relación con medidas cautelares.

Por ello, siendo que de la compulsa de los actuados surge que la ley 27.426 cuya validez constitucional se cuestiona mediante la presente acción produciría efectos a partir del mes de marzo del corriente año 2018, no se advierte que se verían vulnerados en lo inmediato los derechos de quienes promueven la acción, motivo por el cual considero que no se encuentran reunidos los presupuestos antes señalados para que proceda la habilitación de feria solicitada en los términos previstos en el artículo 153 CPCCN y en los artículos 4 y 7 del Reglamento para la Justicia Nacional, con lo que corresponde su rechazo.

Alberto O. Recondo.

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