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.
With the approval of the Constitution in 1999, the existing justice system was changed.
In the first place, Justice is no longer the exclusive monopoly of the component of the state called political power or government, but it emanates from the citizens, which is not to do justice by own hand, which is a crime. Hence the incorporation of the so-called juries in criminal cases, for example; Previously, it was the Judge who did this work alone, with the exception of the so-called collegiate courts,
Second, the makeup of the members of the Justice System was expanded; Now, it is not only the Supreme Court of Justice with the other courts, but it is accompanied by the Public Ministry, the Public Defender, the criminal investigation bodies, the penitentiary system and the lawyers authorized to exercise it. This is where alternative means for dispute resolution come in: Justice of the Peace, arbitration, mediation, conciliation.
It is necessary to clarify that the roles within the Justice System of the Public Ministry or the Public Defender's Office should not be confused with the Public Defender's Office; they are different institutions.
The first is a component of the so-called Citizen Power, while the last is not the Ombudsman's Office, also a member of the Citizen Power; neither do the expressions Justice System and Judicial Power; this is included within the former
The Public Ministry, as a member of the Justice System, maintains the guidelines given by the Constitution of the Republic, the Organic Law of Citizen Power, the Organic Law of the Public Ministry, the Organic Code of Criminal Procedure, the Code of Civil Procedure, among others..
The Public Defender's mission is to ensure access to justice for those citizens lacking resources and represent them in the cases.
The Office of the Ombudsman, which is not the Public Defense, is the component of the Citizen Power that is in charge of promoting, defending and monitoring the constitutional rights and guarantees provided both by the Magna Carta and by international treaties validly signed by the Republic., as well as collective and diffuse rights.
Made the parenthesis, the Justice of Peace is, as a component of the Justice System, the call to solve conflicts or controversies that arise in neighboring communities, through conciliation and equity, with a view to guaranteeing peaceful coexistence. Her performance will be framed within the principles of orality, concentration, simplicity, equality, speed and gratuity.
For this there is the Organic Law of the Justice of the Peace.
Within the range of matters that fall within the jurisdiction of the Justice of the Peace are the following:
- Of all those conflicts and controversies about facts that derive from life in a neighborhood community and whose knowledge has not been attributed to courts of special jurisdiction, such as those contemplated for commercial matters, protection of children and adolescents, labor, etc. Of the conflicts and non-patrimonial controversies, relative to the coexistence between neighbors in the matter of leases and horizontal property, except those assigned to special courts or administrative authorities. Of the conflicts and controversies derived from the application of ordinances to the neighborhood and family coexistence, With the exception of urban matters and others where compliance is subject to the control of the courts of ordinary, special or contentious-administrative jurisdiction.
In the past days I was consulted by students of the University Chair about the issue of Justice of the Peace, the aspects necessary to be a Justice of the Peace; the territorial scope; how a Justice of the Peace works.
The Organic Law of Justice of the Peace is - in principle - the legal normative framework for the development of the subject.
To be a Justice of the Peace, you must be over thirty years of age; Venezuelan nationality; alphabet; of known profession or trade; have, at the time of the election, three years - at least - of residence in the intramunicipal circumscription (form of territorial organization in matters of Justice of the Peace) where they will exercise their functions; not having been subject to a criminal conviction by means of a sentence or a declaration of administrative responsibility (applicable to persons who are or have been public officials declared by the Office of the Comptroller General of the Republic for irregular handling of public funds or resources) or disciplinary (university professionals of mandatory membership: doctors, engineers, etc., for example);not be subject to civil interdiction (intellectual defect declared by sentence of a civil judge) or political disqualification (accessory penalty in criminal convictions that prevents from applying or being nominated for public office); not be a member of the board of directors of the group that nominates him; not belong to political parties; have completed the special Training Program for Justices of the Peace.
Additionally, the Justice of the Peace must be a person of recognized professional seriousness, moral trajectory, social sensitivity and known responsibility in his family and local environment; of proven good sense, ability to dialogue and be respectful of the human condition of their peers.
In the case of indigenous communities and border municipalities, additional requirements apply.
Regarding the election of Justices of the Peace, upon approval of the 1999 Constitution, they continue with the election regime that the Organic Law of the Justice of the Peace brought, that is, they must be elected by universal, direct and secret vote, as established by the Organic Law of Electoral Processes, which means that they will have to go through the norms that the electoral authority dictates for this purpose and not simply by municipal ordinance as a guideline in the Organic Law of Justice of the Peace. It is necessary to remember that, by constitutional mandate, there is also a change within the electoral system in Venezuela, since a new public power is created: the Electoral Power.
The latter is responsible for the organization, administration, direction and supervision of all acts related to the election of the positions of popular representation of public powers and referendums. Here the Justices of the Peace are included in accordance with the ruling by the Supreme Court of Justice, since the Electoral Power is also responsible for organizing electoral processes of other civil society organizations; This means that the Organic Law of Suffrage and Political Participation plays a preponderant role in this beautiful democratic and civilized expression of our society.
The territorial organization of the Courts of the Peace is called Intramunicipal Circumscriptions; This is in order to establish territorial competences between the different Courts that are created in the same municipality.
In each Circumscription a regular Justice of the Peace and two alternates must be elected.
The Organic Law of the Justice of the Peace establishes that, when taking office, they must draw up an Internal Operating Regulation, in which the schedule, vacations of the holder, among others, are expressed. It provides that the expense regime for the operation of the Court is in charge of the Municipality, which is to say that it, within its budget, must have the budgetary items for the Court to function fully, being also obliged to provide the headquarters to dispatch.
The temporary and absolute absences of the Justices of the Peace are covered by the alternates in the order of their choice. The following are considered temporary: judge's vacations; separation of knowledge of the conflict or controversy, understood as the justified reasons or motives that lead the official to refrain from knowing. The absolute: death; resignation; inability to hold office; loss of investiture by recall referendum; transfer and fixation of permanent residence outside its jurisdiction; be subject to a criminal conviction or declaration of administrative responsibility.
When two or more Courts of the Peace consider themselves equally competent to hear the same controversy due to the matter and the territory, the place where the events occurred will deprive the court and, if there are still doubts, the jurisdiction will correspond to the one who had known with advance. If this situation occurs in front of one of the ordinary jurisdiction (traditional justice), this will be resolved by the Superior Court in the related matter of the controversy to proceed with the regulation of competition.
