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Law for the Special Jurisdiction of Peace and Communal Justice

Law for the Special Jurisdiction of Peace and Communal Justice

It is published in The Official Gazette of the Bolivarian Republic of Venezuela Number 39.913 on May 2nd of 2012.

As defined by Article 1, the purpose of this law is to create the norms that regulate the organization of the special jurisdiction for peace and communal justice under the scope of the Popular Branch of Government and a member of the Justice System to achieve harmony in family relations, communal and neighborly living as well as to resolve conflicts derived from the right of citizen activism and all steps and instances in the organizations under the Popular Branch.

Article 4 states that every local entity will choose, by popular initiative, a judge for communal peace taking into consideration a population in between of four to six thousand people following the electoral process this law contains. In every commune the number of judges will depend on the population.

Article 8 provides all the functions and powers entitled to the peace judges:
1. Resolve local conflicts between legal or natural persons that have been trusted upon them, the amount cannot exceed the 250 Tax Units.
2. Conflicts that involve leases and horizontal properties.
3. Conflicts that arise from the application of municipal ordinances related to coexistence, communal housing and communal councils.
4. Gender related violence.
5. Family coexistence and child support cases.
6. By own initiative, cases that involve the right of senior citizens, handicapped persons and vulnerable children.
7. Celebrate marriages.
8. We highlight the power to decree, without previous procedure, divorces by mutual agreement for all couples within the territorial scope of the Judge and that bore no children or that are older than 18 years old at the time of the request.
9. The amicable dissolution of the community property requested in writing.
10. All actions derived from the protection of domestic and endangered animals
11. All conflicts between the members of the partner organizations of the communities.
12. All actions involving the right for citizen activism in the Communal Councils.
13. All actions against the Communal Councils and other organizations of the Popular Branch.
14. Collaborate with all the organisms in charge of control of commerce.
15. Promote educational campaigns.
16. Solicit the help from the municipal police.
17. All other cases that are trusted upon the judges that do not violate public order.
Article 20 of the law signals the requisites for being a judge of communal peace and article 21 the requisites for judges in frontier states.

Chapter VIII of the law, established all conciliation and mediation procedures, article 31 signals that the request for the Peace Judge to enter into the process can be written or orally in common agreement or individually.

The Transitory dispositions determine that in a period no longer than six months all Communal Judges must resolve all their cases and boost the election of new judges. The second transitory disposition is that within 90 days the Supreme Court must elaborate the necessary Ruling for the external and internal functioning of the Special Jurisdiction for Communal Peace.

At the same, until all the elections are held, the Peace Judges will be chosen from Judicial Commission of the Supreme Court. The Popular Branch in conjunction with the Electoral Branch will procure to hold and unify all elections on the same date in all the territory. The Law of Peace Justice is now derogated that was published in the Official Gazette of the Bolivarian Republic of Venezuela Number 4.817 extraordinary from December 21 of 1994.