procedures that must be carried out by the Court, but none of the arguments avoided,
differed, or altered the celebration of the hearing, carried out with absolute normality.
40.
Having issued and notified the judgment, the parties had the possibility to
request the interpretation of the same, pursuant to the rules applicable to this matter,
this is, ask the tribunal –as I have stated supra—to clarify dark or ambiguous terms,
throw light on phrases or words, or precise concepts, but not to modify the judgment
itself.
41.
Having made the request for interpretation, the Court went on to examine the
arguments and respond to the questions received. For this it considered the need and
convenience of summoning a hearing, taking into account the characteristics of this
procedural diligence, whose object is not to open a forum to reiterate positions widely
expressed in previous diligences of the same nature; present new elements to solve
matters of merits or reparation already decided on; listen to questions and offer
responses, eventually very polemic, already given or unnecessary for the purposes of
the trial; or establish the position of the tribunal or its members, in general or on
specific matters, established in writing in the collegiate ruling or in the individual
opinions.
42.
What the Court should establish with the formality and objectivity
characteristic of a tribunal, is the need to summon a hearing based on the lack of,
insufficiency, or extreme complexity of the elements of judgment available for the sole
and exclusive purpose of this stage: interpret the judgment. If this could not be carried
out with the available elements, it would be necessary to hold the hearing, which in no
case would seek to revise the aspects of merits and modify the judgment. If the
interpretation could be made with said elements –both the judgment itself on merits as
well as the arguments of the parties with regard to the interpretation—it would not be
necessary to hold one. In this case the Court could decide considering their written
contributions. Of course, I am referring to contributions regarding the sense of the text
subject to interpretation, not about the merits of the case, already analyzed
extensively, debated in detail, and clearly decided.
43.
The majority of the Court adopted the decision to do without the hearing and
decide on the requests for interpretation as it did so with the ruling to which I am
enclosing this opinion. For this it took into account –and so it stated—“the arguments
of the parties that refer to aspects of law and their characteristics, whose nature and
scopes can be clearly concluded from the claims presented by those requesting the
interpretation.” It is obvious that a hearing was not required to reiterate the
arguments expressed in writing, encourage disputes regarding contentious matters
tended to, or analyze the sense of words well defined pursuant to their ordinary
meaning.
44.
As stated at the beginning of this text, my opinion is limited to expressing my
own points of view and in no way do they question other opinions, and much less the
general direction of the decisions of the Court. One and the other deserve the respect
with which I have always expressed, publicly and privately, my coincidences and my
discrepancies. Anything different would be inappropriate of a judge and would not
correspond to the way in which I have invariably expressed my point of view.
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