As part of the legislative work in charge of the National Assembly, the Organic Law of the Special Jurisdiction of Justice of Communal Peace (LOJPC, 2012) was approved; repeals the Organic Law of Justice of the Peace (1994), for which reason it is necessary to update the article of my authorship called "System of Justice and Justice of the Peace."
Since man made his appearance on the planet, he has had an urgent need to solve the various problems or conflicts that have arisen.
As a response to this requirement and, for the sake of a peaceful coexistence, the Justice System was born, using generally accepted norms of coexistence; that is the origin of the legislation.
The State, since its inception, has been implementing various models up to the one we currently know. The Venezuelan case has not been the exception.
Multiple have been the attempts and in various matters. The latter constitute it in criminal, labor and alternative justice matters.
The purpose of the LOJPC is to establish the norms of organization and operation of the special jurisdiction of the Justice of the Communal Peace as an area of the so-called popular power and part of the justice system, for the achievement or preservation of family relationships, neighborhood or community coexistence, in addition to those related to the instances of action of popular power.
This activity is carried out through the use of so-called alternative means, such as: mediation, arbitration and conciliation. It is conceived as an instrument of citizen participation by virtue of which it is sought is peaceful coexistence between people, whether they are natural or legal. The decisions made by this jurisdiction are only applicable and enforceable within the territorial scope or district where the Court operates.
You can hear matters of a patrimonial nature as long as they are not attributed to another authority and the amount does not exceed two hundred and fifty tax units (250UT); the area or territorial competence are the local entities (communes) and a personal substratum between four and six thousand inhabitants for its organization and installation, and as many as necessary may be created.
Within the range of non-equity matters are, if not assigned to another authority, the following:
• Divorces where there are no children as children and / or adolescents.
• Matters related to horizontal property or leasing relationships, whose competence does not correspond to administrative or judicial bodies.
• Conflicts or controversies derived from citizen coexistence, communal charters and coexistence regulations of communal councils.
• Serve as a receiving body for complaints in cases of gender violence in accordance with the legislation that governs the matter.
• Measures related to Family Coexistence (before Visits Regime) and Food Obligation (before Food Pension), in support of those dictated by the Protection Courts in accordance with the provisions of the Organic Law for the Protection of Children and Adolescents (LOPNNA, 2007).
• Celebrate a civil marriage, according to the Organic Law of Civil Registry (2009) and the Venezuelan Civil Code (1982)
• Declare the dissolution of stable or de facto unions by mutual consent.
• Protection, ownership and possession of domestic animals and in danger of extinction.
• Abstentions, refusals, de facto channels from community councils, other bodies and organizations of popular power.
• Collaborate with the organizations in charge of the control and supervision of the commercialization and marketing of consumer goods and services.
• Ensure respect for the rights of the elderly, people with disabilities, children and adolescents and people in vulnerable situations, serving as an instructor body.
For the execution of its decisions, it may require the support of the national, state or municipal police forces.
The Justices of the Peace arrive at their posts through popular election processes, so they must submit to the norms provided for by the Organic Law for the Special Jurisdiction of Communal Peace Justice (2012) and the Electoral Processes Law (2009); In this sense, the permanent electoral commissions of the communal councils will serve as competent bodies to organize, coordinate, supervise the election and recall processes; must have the technical and logistical support of the Electoral Power.
The electoral registry of the local entity - for these purposes - will be made up of natural persons of Venezuelan nationality or not with - at least one year of residence in the place, duly registered in the electoral register kept by the communal council and an age minimum of fifteen years.
They will last four years in the exercise of their functions, being able to be re-elected, but the processes cannot be held on the same date when those of a national, state or municipal nature concur. Whoever obtains the highest number of votes will be the Head Judge, while those who remain in second and third place will be the alternates in the same order.
To run for Judge, it is possible on their own initiative or through popular power organizations that lead an active life in the community.
The requirements to be a Justice of the Peace are:
Venezuelan nationality, being essential in border municipalities to possess it by birth.
Over 25 years of age.
Alphabet.
Have at the time of the election, at least three years of residence in the entity where you apply.
Not be subject to criminal conviction, administrative or political disqualification or civil interdiction.
Not be a directive member of union, political or union organizations, nor a spokesperson for organizations of popular power.
Secular state or be part of police forces.
The following are considered absolute absences:
Death, resignation or revocation of the mandate.
Be subject to conviction by way of a criminal sentence or declaration of administrative disqualification.
Permanent physical or mental disability.
To be elected to a popularly elected position.
To be elected as a director of a political, union or union organization.
As temporary absences are:
Separation due to challenge or inhibition.
Excused absence.
It is appropriate to mention that there is no express indication in the text of the time set as a temporary absence to be considered as absolute; they only regulate the cases that occur before or after taking office.
The processes are started - fundamentally - at the request of the party, since there are some where it will act ex officio, such as when violations of the rights of people with disabilities, children, adolescents or older adults are aired, for example. When they are oral, they will be reduced to a record that will be raised. Once received, it will be notified - either personally or by means of a poster that will be posted in the home, industry or trade - for the holding of the initial hearing.
All the evidence recognized in the legal system are admissible, with a view to passing the corresponding sentence. Against the rulings dictated in non-patrimonial matters, it will be carried out by the one who signed it together with the alternates. For those of patrimonial content it will correspond to the municipal judges.
An advisory council is foreseen in the LOJPC to enlighten the judge, as well as the participation of popular power organizations with the right to speak.
