process.315 Specifically, Article 34, clause 2 of the CPCCN establishes that judges have the
duty “to decide cases according to the order in which they reach that stage, except for
urgent matters which should have said preference by law.” 316 Regarding the latter, the
Court notes that Article 36 of the Rules of the National Judiciary establishes that
“compensation for physical disability shall addressed in a preferential manner.” 317
181.
The Court confirms the existence of standards that establish the procedural terms
for notification of the suit,318 for production of the evidence,319 for the expert witness
reports,320 and to lodge an appeal.321 Consequently, these types of proceedings have
315
Article 36 of the CPCCN regulates the “Regulatory and Procedural authority” of the judge, establishing that,
even without a request from a party, the judges and courts can: 1) Take measures conducive to preventing the
stalling of the proceedings. To this end, once a term has expired, whether the relevant authority was exercised or
not, it shall pass to the next step of the proceedings, establishing on its own motion the necessary measures; 2)
Order the steps necessary to clarify the truth of the facts in dispute, respecting the rights of the parties to defend
themselves; 3) Correct any material error or remedy any omission of the Judgment regarding the claims in dispute,
if and when the amendment or addendum does not substantially alter the decision, and was not agreed to by both
parties; 4) Order, at any time, the appearance of the parties to attempt a conciliation or request any explanations
deemed necessary regarding the matter of the dispute. The mere proposal of conciliation solutions will not entail a
prejudgment; 5) Determine at any time the appearance of expert witnesses and witnesses to question them about
any points deemed necessary; 6) Based on the formalities contemplated in this Code, require the submission of
additional documents held by the parties or by third parties, under the terms of Article 385 and 387. Cf. Article 36
of the CPCCN, Law 17.454/1967, text ordered by Decree 1042/1981 (file of appendices to the brief of pleadings
and motions, volume VII, page 3154).
316
Cf. Article 34 clause 2 of the CPCCN, Law 17.454/1967, text ordered by Decree 1042/1981 (file of
appendices to the brief of pleadings and motions, volume VII, page 3154).
317
Article 36 of the Rules for the National Justice System establishes that: “Cases shall be resolved in the
order that they are submitted for judgment. However, the following cases shall be processed in a preferential
manner: habeas corpus remedies; cases concerning the right to freedom of assembly; military service; those of a
criminal nature; alimony judgments, compensations for disability, collection of salaries, wages and fees,
retirements and pensions; matters regarding jurisdiction and precautionary measures; tax foreclosures and
injunctions, possessory actions and incidents. As an exception, it may order the preferential resolution of a case
not included among the above, if there is a meritorious reason for urgency. Cf. Regulations for the National Justice,
agreed 17/12/1952, Article 36. Statement by expert witness Gullco, file on Merits, volume II, page 824.
318
Article 338 of the CPCCN establishes that “Having presented the application according to the established
provisions, the judge shall give notice to the defendant to appear and provide his answer within fifteen days. When
the defendant party is the State, a province or municipality, the term to appear and respond to the petition shall be
sixty days.” Cf. Article 338 of the CPCCN, Law 17.454/1967, text ordered by Decree 1042/1981 (file of appendices
to the brief of pleadings and motions, volume VII, page 3154).
319
Article 367 of the CPCCN establishes that “the term for the production of evidence shall be set by the
judge and shall not exceed forty days. Said term is common and shall begin from the date of the hearing
contemplated in Article 360 of this Code.” Article 482 of the CPCCN states that “Having produced the evidence, the
Assistant Administrative Secretary, without the need for any action by the interested parties […] shall order it to be
added to the file. Once this procedure is completed, the Assistant Administrative Secretary shall place the records
with the Court Registry; this decision shall be notified by certified writ and once it is final, the file shall be delivered
to the legal counsel in order and for a term of six days each, without need for a written petition and under their
responsibility so that they may present, if deemed appropriate the brief arguing the merits of the evidence. Those
who act under common representation shall be considered as a single party. Once the term has elapsed without
the file having been returned, the party that retains it shall lose the right to plead without requiring a service of
writ. The term for submitting the argument is common” Cf. Articles 367 and 482 of the CPCCN, Law 17.454/1967,
text ordered by Decree 1042/1981 (file of appendices to the brief of pleadings and motions, volume VII, page
3154).
320
Article 460 of the CPCCN establishes that “Having responded to the lawsuit according to the previous
Article, or if the term for doing so has expired, at the hearing contemplated in Article 360, the judge shall appoint
the expert witness and shall determine the points of the expert report, being able to add others or eliminate any
considered inadmissible or superfluous, and shall determine the period within which the expert witness shall
complete his task. If no term is specified in the order, it shall be understood as being fifteen days.” Cf. Article 460
of the CPCCN, Law 17.454/1967, text ordered by Decree 1042/1981 (file of appendices to the brief of pleadings
and motions, volume VII, page 3154).
58
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