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National Code of Civil and Family Procedures

July 4, 2023 /

Executive Summary:

  • The Senate of the Republic has been working on the Draft Decree Initiative that seeks to issue the National Code of Civil and Family Procedure.
  • The main goal of the Initiative is to standardize civil and family processes in order to strengthen and expedite the administration of justice in the country.
  • The initiative has been approved by the Senate of the Republic and is currently being studied by the Chamber of Deputies.

During the first months of this year, the Senate of the Republic worked on the Draft Decree Initiative that seeks to issue the National Code of Civil and Family Procedure.

This Code will replace the State and Federal Civil Procedure Codes, whose provisions, naturally, had several differences between them. 

The main goal of the Initiative is to standardize civil and family processes in order to strengthen and expedite the administration of justice in the country.

In terms of the Opinion of the Joint Committees of Justice and Legislative Studies of the Senate, the general objectives pursued by the Initiative are, among others, the following:

1. Count on the same procedures throughout the national territory to resolve civil and family disputes.

2. Minimize formalities in judicial proceedings.

The Opinion explains some generalities of the National Code of Civil and Family Procedures:

  • On National Code Orality, equality, respect for human rights, and regulation of digital media are privileged as indispensable tools to achieve prompt and complete justice.
  • The figure of is added Social Representative with functions similar to those of the Public Prosecutor's Office.
  • Looking for the exclusion of unnecessary formalities.
  • It is arranged substitution in the procedure to members of social groups in vulnerable situations.
  • They become applicable rules and principles of oral justice in everything that is compatible.
  • The trial process is initiated through the use of information and communication technologies.

The initiative has been approved by the Senate of the Republic and is currently being studied by the Chamber of Deputies.

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