Expide Peña Nieto reforma constitucional en materia de justicia cotidiana.

by / 218 Comments / 8 View / 15/09/2017

l presidente Enrique Peña Nieto expidió el decreto por el que se reforman y adicionan los artículos 16, 17 y 73 de la Constitución Política de los Estados Unidos Mexicanos, en materia de Justicia Cotidiana (Solución de Fondo del Conflicto y Competencia Legislativa sobre Procedimientos Civiles y Familiares).

En el documento, publicado en el Diario Oficial de la Federación, se indica que se reforma el primer párrafo del artículo 16.

Asimismo, se adicionan un párrafo tercero, recorriéndose en su orden los actuales párrafos tercero, cuarto, quinto, sexto, séptimo y octavo al artículo 17; y la fracción XXX, recorriéndose en su orden la actual XXX para quedar como XXXI al artículo 73 de la Constitución Política de los Estados Unidos Mexicanos.

En el Artículo 16 se señala que “Nadie puede ser molestado en su persona, familia, domicilio, papeles o posesiones, sino en virtud de mandamiento escrito de la autoridad competente, que funde y motive la causa legal del procedimiento.

Agrega que “En los juicios y procedimientos seguidos en forma de juicio en los que se establezca como regla la oralidad, bastará con que quede constancia de ellos en cualquier medio que dé certeza de su contenido y del cumplimiento de lo previsto en este párrafo.

En el Articulo 17 se apunta que “Siempre que no se afecte la igualdad entre las partes, el debido proceso u otros derechos en los juicios o procedimientos seguidos en forma de juicio, las autoridades deberán privilegiar la solución del conflicto sobre los formalismos procedimentales.

En los transitorios se puntualiza que el presente Decreto entrará en vigor al día siguiente de su publicación en el Diario Oficial de la Federación, con excepción de lo dispuesto en el transitorio siguiente:

“La reforma del primer párrafo del artículo 16 y la adición de un nuevo tercer párrafo al artículo 17 constitucional entrarán en vigor a los ciento ochenta días naturales siguientes al de su publicación en el Diario Oficial de la Federación.

“Para tal efecto, y en los casos en que se requiera, el Congreso de la Unión y las Legislaturas de las entidades federativas deberán adecuar a las modificaciones en cuestión, respectivamente, las leyes generales y las leyes federales, así como las leyes de las entidades federativas.

El transitorio tercero apunta que “Las Legislaturas de las entidades federativas deberán llevar a cabo las reformas a sus constituciones para adecuarlas al contenido del presente Decreto en un plazo que no excederá de ciento ochenta días, contados a partir de la entrada en vigor del presente Decreto.

En el cuarto se precisa que el Congreso de la Unión deberá expedir la legislación procedimental a que hace referencia la fracción XXX del artículo 73 constitucional adicionado mediante el presente Decreto, en un plazo que no excederá de ciento ochenta días contados a partir de la entrada en vigor del presente Decreto.

Finalmente, el quinto refiere que la legislación procesal civil y familiar de la Federación y de las entidades federativas continuará vigente hasta en tanto entre en vigor la legislación a que se refiere la fracción XXX del artículo 73 constitucional, adicionada mediante el presente Decreto, y de conformidad con el régimen transitorio que la misma prevea.

Los procedimientos iniciados y las sentencias emitidas con fundamento en la legislación procesal civil federal y la legislación procesal civil y familiar de las entidades federativas deberán concluirse y ejecutarse, respectivamente, conforme a la misma.

Redacción: Televisa

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