The National Code of Civil and Family Procedures is a law that, despite being many years old since its original approach, has recently been fully approved in the Senate Chamber on April 12, 2023 and in the Chamber of Deputies on April 24, This same year, this new law seeks to unify the norms, rules, deadlines, terms and criteria to resolve daily conflicts in civil and family matters throughout the country. Currently, in each federal entity there are different codes of civil procedures, which are sometimes contradictory to each other in relation to the same procedure.
The implementation of this new Code aims to establish standardized procedures throughout the country to resolve disputes between individuals, disputes regarding divorces, inheritances, adoptions, leases and neighborhood conflicts, among others, which are currently governed by federal codes. and local.
The new National Code also seeks to focus more on the orality of the processes and effective access to prompt, complete, impartial and expeditious justice, to guarantee legal operators the exercise of their functions, in accordance with human rights, postulates and principles. contained in the Constitution. In addition, it integrates a model in which the use of information technologies in judicial processes is promoted, in order to unify the criteria and normative bases of justice and equity in the solution of conflicts.
The new Code will enter into force gradually both at the federal level and in the 32 states, since its final approval in the Chambers of the Senate and Deputies last April, the organizations involved have begun to prepare for this long process of what we could call unification, with the deadline for its full activation being April 1, 2027.
The new national code of civil and family procedures brings with it some challenges, which must be solved in these years of preparation and adaptation, we can mention among them:
- Train legal operators and the general public on the new civil and family justice system.
- Harmonize local legislation with the new national code and avoid contradictions or legal loopholes.
- Provide sufficient infrastructure and human resources to state judicial powers to implement orality and digital justice.
- Promote a culture of peace and dialogue that favors alternative dispute resolution mechanisms.
- Guarantee legal security and the protection of personal data in the use of information and communication technologies.
As we can see, although the entry into force of the new code is scheduled for 2027, the work of all the entities involved at the national level already begins so that when the time has come for the integration of all the civil procedure codes of the federal entities (today in force) are duly prepared to merge and thus achieve the final purpose of this new national legal instrument, which of course is to unify and standardize the application of justice based on constitutional precepts. Of course, the Anaya Legal Playa team is also preparing from now on to be ready to serve our clients correctly and efficiently.