GAZETTE

Law Gazette of Public Law No. 51

Law Gazette of Public Law No. 51, week from May 6 to 12, 2019. This week we can highlight the sentence of the Supreme Court in which it states: The exercise of an act of self-help constitute an arbitrary and illegal act that vulnerate the article 19 No 3, paragraph 5 of the Constitution, use factual ways to prevent access of the staff to carry out the repairs or maintenance that it is required to maintain operating the telecommunications services, access that, in any case, is justified in the existence of a contract between both parties.

Law Gazette of Public Law No. 50

Law Gazette of Public Law No. 50, week from April 29 to Mat 5, 2019. This week we can highlight the sentence of the Supreme Court in which it states: In the absence of a rule that resolves the situation in a explicit manner, and made the weighing of the legal assets involved in the Labor Code and the Tax Code against the seizure of the workers’ salaries, the article 57 of the Labor Code should prevail, because it is directly linked to the right to life and physical and mental integrity of the actor and his family, given that they constitute the most important rights guaranteed by the Constitution.

Law Gazette of Public Law No. 48

Law Gazette of Public Law No. 48, week from April 15 to 21, 2019. This week we can highlight the sentence of the Supreme Court in which it states: Adopting measures for prevention and supervision of the annoying noises by the public entities, forces the organs of the Administration to fulfill there obligations in a coordinate manner, in light of the legal principle of coordination that governs the Administration and which is legally and constitutionally consecrated in the article 111, paragraph third of the Constitution and in the article 3, paragraph second of the Law N° 18.575.

Law Gazette of Public Law No. 47

Case Law Gazette of Public Law No 47, week from April 8th to 14th, 2019. This week we can highlight the sentence of the Supreme Court in which it states: In the context of a work accident in a concessionaire company of a Municipality, y according with the article 183 E of de Labor Code, the responsibility of the organ is configured due to the absence of supervision in relation with the compliance by the contractor and by the company in charge of the practical implementation of the tasks of security measures designed to protect the life and heath of their workers, steps to which the direct contractor of the operator is bound in accordance with the provisions of the article 184 of the Labor Code.

Law Gazette of Public Law No. 46

Case Law Gazette of Public Law No 46, week from April 1st to 7th, 2019. This week we can highlight the sentence of the Supreme Court in which it states: Except for the article 21 letter B of the current Law No 10.336, the protection remedy by general rule does not proceed for challenge the acts of the General Controller of the Republic, not being the ideal way to challenge the process of the control of legality of a decree o resolution. In addition, as long as the control of juridicity of the decree or resolution that appoint a public official is not done it cannot be considered as a perfect administrative act, having said administrative act a presumption of legality only when it its totally processed.

Law Gazette of Public Law No. 45

Case Law Gazette of Public Law No 45, week from March 25th to 31st, 2019. This week we can highlight the sentence of the Supreme Court in which it states: By virtue of the articles 3° paragraph second, 5° paragraph first and 11° of the Law No 18.575 of General Bases of the State Administration (LOCBGAE by it’s initial in Spanish) and the principles of effectiveness and administrative efficiency, it is concluded that in order to be facing a rational and fair administrative sanctioning procedure, the resolution that finish it must be opportune, being said principle, also, the guiding criterion for establishing the decay of the administrative process because of the course of time, that by virtue of the article 53° paragraph first of the Law No 19.880, it is verified after two year after initiate the administrative procedure.

Law Gazette of Public Law No. 44

Case Law Gazette of Public Law No 44, week from March 18th to 24th, 2019. This week we can highlight the sentence of the Supreme Court in which it states: The existence of a controversy regarding the applications of contractual clauses prevents to consider the appellant of the protection remedy from being regarded as having an undisputed right, understanding that the protection remedy is not a right declaration instance, but for their protection, as long as they are pre-existing and undoubted.