Personal de la Municipalidad de Los Andes debió volver a colocar la señalética que había retirado.Personal de la Municipalidad de Los Andes debió volver a colocar la señalética que había retirado.
Personal de la Municipalidad de Los Andes debió volver a colocar la señalética que había retirado.
Personal de la Municipalidad de Los Andes debió volver a colocar la señalética que había retirado.
  • Alcalde Navarro consideró sorprendente y carente de todo requisito jurídico sólido lo obrado por la magistrado de ese tribunal.

LOS ANDES.– Justo cuando el municipio procedía a notificar a la empresa concesionaria del servicio de parquímetros sobre el cese del contrato y el retiro de la señalética correspondiente, el Segundo Juzgado Civil de Los Andes ordenó detener la aplicación de este decreto edilicio contraviniendo el dictamen de la Corte de Apelaciones que daba luz verde a su ejecución.
Al respecto, el alcalde Mauricio Navarro se mostró sorprendido por la decisión del tribunal, asegurando que no reúne los requisitos jurídicos mínimos para su fundamentación y sobre todo porque pasa a llevar la determinación de un tribunal superior.
Es por ello que el alcalde anunció la presentación de un recurso de apelación ante la Corte de Apelaciones para que por tercera vez deje sin efecto esta medida de suspensión del decreto municipal que pone fin al contrato de parquímetros en el centro de la ciudad.
«La percepción de este alcalde es que a través de este tipo de resoluciones lo único que se logra respecto del municipio y de la comunidad es una completa confusión, pero lo que es peor, contrariando abiertamente determinaciones de los tribunales superiores de justicia y debo recordar que la Corte de Apelaciones ya en dos oportunidades se ha pronunciado en favor del municipio y lo mismo hizo la Corte Suprema», expuso.
Agregó la determinación de la jueza titular del segundo juzgado civil Ivette Mourguet Besoain obedece solamente a una medida dilatoria para mantener la vigencia del contrato mientras la Corte de Apelaciones revisa este recurso.
Navarro puntualizó que por esta decisión sorprendente de la jueza los andinos estarán obligados a pagar parquímetros hasta que la Corte de Apelaciones no emita nuevamente un fallo respecto al recurso que presentará la municipalidad.
Subrayó en la medida prejudicial dictada por la jueza no existe ningún nuevo antecedentes que permita obrar en favor de la empresa, «y solamente un nuevo fallo de la Corte de Apelaciones puede poner término a esta vigencia y por eso mientras eso se resuelve el contrato se mantiene vigente».
El edil dijo que en su opinión como abogado hay una mala aplicación del derecho por parte de la magistrado Mourguet, «y diría hasta de un abuso del derecho, pues si bien todo el mundo tiene el derecho de interponer los recursos que estime pertinentes, sin embargo la racionalidad de estos recursos debe ser sopesado por el juez y desafortunadamente la jueza del Segundo Juzgado Civil en este caso, sin ningún fundamento jurídico, le ha dado lugar a esta suspensión solicitada por la empresa».
Asimismo, el alcalde dijo que es altamente sospecho en los mismos momentos en que se está ejecutando un decreto de término de contrato con la empresa, la magistrado resuelva suspender este decreto edilicio contraviniendo resoluciones de la corte.
Respecto de las personas que no pagaron parquímetro entre el 1 de setiembre y este miércoles 16, no les ocurrirá nada porque el contrato estaba terminado y tampoco serán multados, «pero a contar de este jueves 17 de septiembre si deberán cancelar».
Consultado el edil por los mil 200 millones de pesos que entregó la empresa de parquímetros para la pavimentación de calle Arturo Prat, afirmó que eso es otra materia que también será objeto de discusión en Tribunales, «pero no tiene ninguna relación con la suspensión o no de los efectos de este juicio y la opinión del municipio es que durante este tiempo la empresa ha percibido ingresos que superan largamente ese aporte e incluso debería haber una compensación favorable al municipio».

94 comentarios en «Juzgado impide al municipio cesar contrato con empresa parquímetros»
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