TECHNICAL ASSISTANCE

An important strategy when modifying the practices of civil justice system operators involves providing technical assistance to countries. A key element of this process is reaching robust institutional agreements that allow technical assistance to be provided. For example, Costa Rica’s Supreme Court established an institutional agreement to generate two manuals on practical skills related to oral civil proceedings for judges and attorneys, respectively.

Technical assistance initiatives aimed at addressing civil procedure reforms in a strict sense also were executed. One of the most ambitious of these was the development of a General Procedure Code for the Argentine province of Chubut. The code was not implemented due to the economic crisis that the province is facing, but it does serve as a reference for other procedure codes that have been developed in Latin America due to its particularly innovative contents and the incorporation of new concepts such as class actions, judicial precedent and collaborative dispute resolution mechanisms.

Technical assistance also has focused on partial justice system reforms such as collaborative mechanisms. In Chile, JSCA participated in the validation and technical review of the civil and commercial mediation law promoted by the Justice and Human Rights Ministry. The Center also contributed to the development of the use of trial by jury in civil and commercial matters in the Argentine province of Chaco. It was the first law in Latin America to regulate that institution.

Research and Pilot Projects

This initiative, which formally began in 2016, has as its objectives: generating knowledge of the main challenges in civil justice reform; identifying barriers to access to judicial and extra-judicial dispute resolution mechanisms; and providing technical assistance to implement reforms or pilot plans using objective, high quality information. It also includes training activities for future decision-makers in public and private institutions.

Throughout the life of this project, JSCA has implemented over 10 pilot projects involving the development of innovative models in local contexts. These short-term initiatives are designed to improve the models so that they can be applied to the entire proposed judicial space.

The Center also has completed over 20 technical assistance projects for various justice system institutions in countries such as Paraguay, Costa Rica, Argentina, Bolivia, Peru, Chile and Nicaragua.

In this context of creation and dissemination of knowledge, we have drafted over 80 thematic reports thanks to the support of GAC. These publications have been widely distributed throughout Latin America. We also have held 30 seminars to discuss and disseminate knowledge. These events have been attended by over 12,000 people, the great majority of them (68%) women.

On December 12, 2018, through Administrative Resolution No. 312-2018-CE-PJ, the National Court of Justice of Peru approved the creation and performance of the Corporate Civil Oral Litigation Module of the Superior Court of Justice of Arequipa.

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JSCA and the Judicial Branch of Mexico City, during 2019, executed a “Pilot Project to implement oral litigation techniques in the Oral Civil Courts of the Federal District of Mexico” with funding from GAC.

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In 2018, the JSCA team began its work to generate a draft bill for a General Procedural Code for Chubut, with the aim of advancing in a comprehensive reform to the Civil and Commercial, Family, Labor and Contentious Administrative Justice in this Argentine province.

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In April 2019, the Superior Court of Justice of the Argentine province of La Pampa signed a generic and a specific collaboration agreement with JSCA to implement a Civil Judicial Office in the city of Santa Rosa, with the purpose of providing support to the five civil and commercial courts that operate in that capital city.

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JSCA and the Judicial Branch of Costa Rica presented the “Manual for Litigating Oral Hearings in Costa Rica’s New Civil Justice System,” aimed at attorneys, and the “Manual for Conducting Oral Hearings in Costa Rica’s New Civil Justice System,” aimed at judges.

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Conduct research on the practices of the justice system around cases of gender-based violence in the city of Buenos Aires regarding protection measures and alternatives to criminal proceedings 2019.

A technical proposal for an empirical study on the role of local police courts at the national level was prepared at the request of the Ministry of Justice and Human Rights.

We have been receiving statistical information for the design of a new management model and optimization of certain processes.

Delivered final report to the Supreme Court with recommendations for the implementation of the Observatory and methodologies to be used.

Observatory on Civil Conflict and Access to Justice (OCCA)

The Observatory on Civil Conflict and Access to Justice (OCCA) was created in 2017 by JSCA with the financial support of GAC. Its purpose is to monitor civil disputes and barriers to their resolution, paying special attention to at-risk groups in Latin America.

The OCCA is comprised of civil society and academic organizations from eight countries in the region. Its work is coordinated by JSCA’s regional observatory technical team.

The Observatory’s objectives are:

1.- To create a dynamic regional network comprised of social organizations that work on justice.

2.- To produce simple, strategic and high-impact information on civil conflict and access to justice in Latin America.

3.- To socialize issues related to access to justice and civil disputes and raise awareness about the need for reform.

 

The OCCA focuses on the following areas:

1.- Housing and land

2.- Consumer rights

3.- Finance

4.- Healthcare

5.- Family and intimate partner relationships

6.- Community life