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SCJ - sustained reposition of the case to phase of celebrating the preliminary hearing due the omission of granting the distance term

On march 14th, 2013 the Social Chamber of the Supreme Court of Justice, in a decision made by the Magistrate Octavio Sisco Ricciardi in a case that involves LEONARDO JOSÉ BRITO vs. CONSTRUCCIONES ROBICA, C.A., determined that “The distance term is not granted solely to move people or decisions to the Court, but also for the defendant to prepare an appropriate defense of his rights“, according with the Guarantees and Constitutional Rights.

On the other hand, Article 205 of the Civil Procedure Code, applicable in the labor process by reference of Article 11 of the Organic Labor Procedural Law, provides the following: "The distance term in each case should be established by the judge taking into account the distance from town to town and ease of communications that offer the existing ways. However, the establishment cannot exceed one day for each two hundred kilometers, and no less than one day for each hundred", in any case, if the distance is less than the minimum limit established in that Article, it shall be granted one day of distance term.